Can unregistered soceity can purchase land.
Advocate Ravinder
(Querist) 20 April 2016
This query is : Resolved
Sir,
Respected Members and learned Advocates,
My client which is a Society having President, Gen. Secretary, Treasurer and other office bearers. But it was not registered under Society Registration Act. In the year 2011 it had purchased 1000 sq yds of land from a vendor in the name of the Society as Purchaser. Before purchase we had verified the title.We have paid total sale consideration and possession had been handed over to the soceity. The sale deed has been registered in Sub Registrar office. Now the President, Gen. Secretary, Treasurer and other officer bearers have been changed. All new persons came.
Presently, my client is the President of that unregistered Society. My concern is that whether the title had been really passed on to the society (which is not registered). If not, what is the procedure to be followed to rectify the mistake and the property should be transferred in the name of the Society. Now we are in the process of registering the Society under Society Registration Act.
Your kind advise is solicited.
Adv. Yogen Kakade
(Expert) 20 April 2016
The sale agreement is needed to be seen. While purchasing what are the clauses mentioned towards the authentication of the purchaser and the source of money.
Rajendra K Goyal
(Expert) 20 April 2016
Get the society registered first.
Discuss with local lawyer after showing him all the documents including land purchase papers.
Hemant Agarwal
(Expert) 28 June 2016
1. An Unregistered Society is illegal & unauthorized, for any & all purposes, and cannot do or conduct any activity.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 28 June 2016
Hemant ji,
Can you please elaborate any more about the section or rule that specifies that any entity in the name of society is treated as illegal and makes the society to be registered compulsorily or the entity cannot conduct any activity without registration?
In my views, the Act ALLOWS the registration of entities generally involved in the benefit of society, but does not make that compulsory for the entities to register of declare unregistered societies to be illegal.
However, your clarification may help enhance my knowledge.
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