General body suremacy
V Srinivasan
(Querist) 11 January 2014
This query is : Resolved
I am the Secretary of a CHS Limited. The Managing committee of the Society is of the view that builder cannot sell stilt or open parking. Some members who letters of allotment given by the builder after paying some consideration says that they have paid money and hence the stilt parking is their own. The letter of allotment is not registered.
Now the MC has called for a SGB to decide on the issue of stilt parking ownership.
Please clarify whether any resolution by the persons holding the letter of allotment to declare the ownership for them in the same is valid against the law of the land?
Whether GB resolution is more powerful than the judgement of the courts,
We will be happy if any judgement is available in this regard
Srinivasn
V R SHROFF
(Expert) 11 January 2014
must go to court.
R.K Nanda
(Expert) 11 January 2014
laws of land are supreme.
Dr J C Vashista
(Expert) 12 January 2014
Any resolution by the persons holding the letter of allotment to declare the ownership for them in the same is valid if it not against the law of the land.
Judgement delivered by the courts shall prevail.
Rajendra K Goyal
(Expert) 12 January 2014
Well advised by the experts, agree to it.
