Redevelopment of our society-status of Indemnity bonds?
Kiran Pande
(Querist) 08 February 2011
This query is : Resolved
We are 4 minority members who have not signed the consent letter due to non availability of floor plan, only a part of closed parking to members by the developer etc. Now after examining the indemnity bonds signed by the managing committee members, we find:
A/ It's being signed on Rs. 100/ stamp paper.
B/ Some members have signed after 15 days.
C/ One member has not mentioned any date while signing
D/ When secretary signed, there is no signature of a witness.
E/ There is an overwriting by a member of M.C.
F/ There is no signature/ acknowledgment of the bonds by registrar and we don't know whether the registrar is aware.
NOW OUR QUERIES:
Q1/ What should be the value of the stamp duty for an indemnity bond?
Q2/ If a member does not sign within 15 days?
Q3/ If no signing date is mentioned?
Q$/ Is witness's signature mandatory? Even for secretary who signs the indemnity bond?
Q5/ Does Indemnity bonds signed by the members of the managing committee requires acknowledgment/ signature/ stamp of registrar?
KIRAN PANDE
kiran.c.pande@gmail.com
09920991661
AMAR RANU
(Expert) 09 February 2011
Go to your society Registrar and file a complaint against your MC.
On verification,if bond found to be defective in law,the entire committee stands removed and dismissed.
M V Gupta
(Expert) 09 February 2011
Under MCS Act, 1960 and Bombay stamp Act, the psotion is as under-
Q1. Stamp duty is Rs.100/-
Q2.the member concerned would be deemed to have vacated his seat in the MC.
Q3.The date can be ascertained from the sorounding circumstances.
Q4.The witness signature is not mandatory if Secreary has appended his signature.
Q5. No.
