Formation of co.op.society
brijesh
(Querist) 02 June 2014
This query is : Resolved
Builder is collecting maintenance from shop owners from 12 years but not maintaining the property. So shop owners started preparing documents to form society in Non co operation from Builder during the process of forming society Builder offers shop owners that he will form a society he takes signature of shop owners takes share money and instead of forming society he forms limited company and taking 51% shares of the company and becomes director of that company and now he is informing shop owners that he will issue share certificate of company to shop owners. Now what is the remedy for shop owners if they want to form Co.Op.society and wants to manage the property ?
Dr J C Vashista
(Expert) 02 June 2014
Mr Brijesh,
The shop owners should come togather, form a society, prepare Memorendum of Association, Articles of Association with other relevant documents through a local lawyer and submit the same to the District Registrar of Societies, which is different department/autority from Registrar of Cooperative Societies.
Ask/compel the builder to file declaration u/s 25 of The Societies Act, 1860 and manage the building/premises/property.
Engage a local lawyer for proceeding in a professional manner.
R.K Nanda
(Expert) 02 June 2014
take help of local lawyer.
Rajendra K Goyal
(Expert) 02 June 2014
The shop owners should have signed the documents after reading and in consultation by some lawyer,
Now consult a local lawyer and proceed as advised byt the expert Dr. JC Vashishta ji.
Sankaranarayanan
(Expert) 02 June 2014
Consult local lawyer as advised by experts
malipeddi jaggarao
(Expert) 02 June 2014
Ignore his formation of company and take assistance for formation of Society by yourselves.
T. Kalaiselvan, Advocate
(Expert) 02 June 2014
You may follow the advise rendered by expert Dr. Vashista Sir in this regard so that atleast in the future the builder cannot continue to cheat you people using advantage of your innocence.
brijesh
(Querist) 02 June 2014
Thanks so much for your guidance which you all have given out of your busy schedules but sir i came to know that Registrar of society will reject our application by giving reason that builder has already formed a company so now you cant form a society.So is it necessary that first we have to go for winding up of the company with ROC through High court and then we have to go for society registration is it so.
Dr J C Vashista
(Expert) 03 June 2014
It is your apprehension, misinformation and misconception inter alia that "... Registrar of society will reject our application..." .
District Registrar of Societies is duty bound (not oblidging) to register your society, if all the legal/procedural requirements are fulfilled correctly.
Registrar of Companies (ROC) is a different authority functioning under the provisions of Companies Act, 2014 (earlier 1956,) who do not have any jurisdiction on the formation of a society or coopeative society.
