Redevelopment and disqualification of committee m20 bond
SANTTHOSH SHETTY
(Querist) 14 July 2017
This query is : Resolved
I bought flat in redeveloped building in 2013, which got OC, and i got possession in May 2014. Old society as it is will continue and their MC members. Society MC term was expired in Jan 2016 still continuing without election or new committee. old building had 13 members and new flat purchasers to be added as members are 12. out of the 13 old members couple of members approached registrar office with complaint of redevelopment and financial irregularities. final hearing was happened and order to be passed as the Society Management committee which was taken control of the society in feb 2011 was not signed the m20 bond. committee disqualification order will be passed very soon. now my question is what will happen to redevelopment which was signed in June 2012? what will effect to us as new flat purchasers. will that mean our property purchase becomes null and void being redevelopement agreement is becoming illegal due to disqualification of management committee of the society?. what action can we take against builder and society committee as few old members will support us for filing the case? kindly suggest
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=789464
Kishor Mehta
(Expert) 17 July 2017
Sir,
An Administrator is appointed in case of disqualification of the managing committee, in the event of redevelopment of a society building the Authorized Capital of the society is increased under section 175c, which reads as under:
"175c. In case of increase of membership on account of redevelopment the Society shall increase the Authorized Share Capital and amend the bye laws accordingly and the list of new members be submitted to the Registrar for appropriate approvals".
Good Luck,
Kishor Mehta
SANTTHOSH SHETTY
(Querist) 17 July 2017
Dear Sir thank you for your reply. my concern is by nor singing the m20 bond management comittee which was taken charge in feb 2011 stands disqualified and what ever action taken by such management committee becomes null and void as per section per Rule 58-A of Maharashtra Coop Society (MCS) RULES and amended MCS Act 1960. this includes the redevelopment agreement which was signed in 2012. in such situation what will be the legal action can be taken against such committee and builder to get all the documents valid including the sale agreement of the new flat purchasers. kindly suggest
SANTTHOSH SHETTY
(Querist) 23 July 2017
Dear Sir thank you for your reply. my concern is by nor singing the m20 bond management comittee which was taken charge in feb 2011 stands disqualified and what ever action taken by such management committee becomes null and void as per section per Rule 58-A of Maharashtra Coop Society (MCS) RULES and amended MCS Act 1960. this includes the redevelopment agreement which was signed in 2012. in such situation what will be the legal action can be taken against such committee and builder to get all the documents valid including the sale agreement of the new flat purchasers. kindly suggest
Kishor Mehta
(Expert) 23 July 2017
Sir,
Since the building is redeveloped, OC is obtained, the flats are sold and new members have taken possession, it will be a matter of harassment for all if the issue of m20 bond, which section has later been cancelled anyway, is raked up. However you can always take the issue to either the Registrar of CHS or the Co-operative court.
The matter may or may not put the registered documents in jeopardy.
Good luck,
Kishor Mehta
SANTTHOSH SHETTY
(Querist) 24 July 2017
thank you kishor sir for your valuable guidance. The matter is under registrar post complaint. however the same secretary who didnot sign the m20 bond in feb 2011, submitted the election letter to the registrar. as per the rule 58a of mcs act, committee which was elected in feb 2011 disqualified from the 45 days of the non signing of the m20 bond and even if they call for fresh election, newly elected committee also stand disqualified. we tried to escalate the same with registrar. still not able to hear us. but election is done by the officer of registrar. is this valid enough to justify the registrar involvement even though previous committee disqualification clause implies here. my concern is newly elected committee should not be question in future for disqualification. kindly suggest.
SANTTHOSH SHETTY
(Querist) 24 July 2017
thank you kishor sir for your valuable guidance. The matter is under registrar post complaint. however the same secretary who didnot sign the m20 bond in feb 2011, submitted the election letter to the registrar. as per the rule 58a of mcs act, committee which was elected in feb 2011 disqualified from the 45 days of the non signing of the m20 bond and even if they call for fresh election, newly elected committee also stand disqualified. we tried to escalate the same with registrar. still not able to hear us. but election is done by the officer of registrar. is this valid enough to justify the registrar involvement even though previous committee disqualification clause implies here. my concern is newly elected committee should not be question in future for disqualification. kindly suggest.
Kishor Mehta
(Expert) 24 July 2017
Sir
Since the election has been carried out, in the presence of an official of the election commission as prescribed under the law, and if the official has issued a certificate of the members elected, the question of future disqualification does not arise.
Good luck,
Kishor Mehta
SANTTHOSH SHETTY
(Querist) 26 July 2017
many thanks to Kishore sir for your valuable answer.
