Regarding unregistered society
HAMZA CHECHATWALA
(Querist) 22 May 2021
This query is : Resolved
Dear Experts,
I live in a 4 storey unregistered building in Thane, Maharashtra. The building is 35 years old now and need to be urgently repaired. However some of the flat owners are not willing to contribute to the repairing fund despite of regular reminders and meetings held for the said purpose. Even maintenance of some flat owners is pending for more than 7 to 8 years.
Need to understand what action can be taken against such flat owners who are not willing to contribute towards the repairing fund and defaulters for non payment of maintenance.
SHIRISH PAWAR, 7738990900
(Expert) 22 May 2021
Hello,
As per my opinion, it will be very difficult to recover maintenance/contribution from other members of your unregistered society. As the unregistered society cannot approach the society registrar for recovery of their dues. You may register your society under deemed conveyance and later on pass a necessary resolution for repairing contribution.
HAMZA CHECHATWALA
(Querist) 22 May 2021
Thank you Shirishji, but do we have any other options like can we register an FIR or complaint to Municipal authorities?
kavksatyanarayana
(Expert) 22 May 2021
When the building is 35 years old, why kept silent all these years? Under Maharashtra CHS Act, Registration is compulsory. Then how are the owners paying taxes? I think it might have been registered. Anyway, complain to the Registrar of CHS by a Registered Post. Better at least some of the owners of the building may complain is the best.
T. Kalaiselvan, Advocate
(Expert) 24 May 2021
n the absence of registration, all the trustees in charge of the fund have alone a legal status and the society has no legal status, and, therefore, it cannot sue and be sued. A non-registered society may exist in fact but not in law.
An unregistered society cannot claim benefits under the Income-tax act.
A registered society is viewed as a separate legal entity, and it is granted with certain authority that allows besides other purposes, the following purposes:
File cases against the defaulters or in case of a dispute. The registered Society holds the right to enforce proceedings regarding legal affairs in the court.
Registered Society has a right to vest the property in its name, and it doesn’t attract any provision related to the transfer of ownership. A society managed by the overseas candidates in India is still deemed as in Indian Society, and it follows all the provisions of Indian laws.
As per law, unregistered Society is not viewed as a separate legal entity. Thus, such entities don’t get the opportunity to reap the above benefits. The unregistered Society won’t cement its place in the legal framework until it opts for registration.
P. Venu
(Expert) 25 May 2021
In the absence of registration, how is the affairs of the Society managed?
