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Pan Dha   09 November 2024

What to do if society is registered by using fraud forge poa of all buyers

Builder has sold all 35 units by INDIVIDUAL APARYMENT DEED AND REGSITERED APARTMENT DEED ALSO

AND NOW BY PREPARING FRAUD POA of all someone has registered SOCIETY AND BECAME CHAIRMAN ETC.

HOW SOCEITY CAN BE REGISTERED WITHOUT CANCELLATION OF INDIVIDUAL APARTMENT DEED .. HOW TO CANCEL THAT SOCIETY FORMED BY ILLEGAL ROUTE

 



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 9 Replies

T. Kalaiselvan, Advocate (Advocate)     08 November 2024

Sorry we don't entertain business promotion advertisements here in this forum.

T. Kalaiselvan, Advocate (Advocate)     09 November 2024

If the society is formed without the consent of members then the members can make a complaint with the registrar of cooperative society for cancellation of the same and further investigation into the alleged fraudulent activities.

1 Like

Dr. J C Vashista (Advocate )     09 November 2024

The builder is stated to have forged PoA and sold 35 units on behalf of benami (unknown owners) which you (buyers) do not want to challange and cancel, is it so ?.

Further you have stated that the builder has used the fake PoA to form an association or Society and took over as elected Chairman. You want to challange the election/ selection of the chairman without disturbing the sale transactions, isn't it ?

 There are two contradictory statements in the facts posted, be clear.

It is better to contact and consult a local prudent lawyer for appreciation of facts / documents, forming proper opinion, professional advise and necessary proceeding. However, if you are located in Delhi / NCR and feel so, may contact me on appointment.

P. Venu (Advocate)     11 November 2024

The fats posted lack clarity. Any meaningful suggetion is impossible unless the documents are perused and issues discussed.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 November 2024

Under RERA in Maharashtra when a certain number of flats have been sold, the builder is required to form an association/society with the purchsers of flats as members and he himself a member for unsold flats. When the society is first formed there will be provisional Chairman, Secretary and other officer bearers. After the society registration is obtained, elections will have to conducted within stipulated period to elect the office bearers. Where are the questions of POA and fraud here? I do not know the position in other States.

Pan Dha   14 November 2024

CONCEPT IS APARTMENT DEED FOR INDIVIDUAL FLAT WAS REGSITERED BY BUILDER AROUND 10 YEARS AGO.

NOW FEW PEOPLE IN BUILDING PREPARED FRAUD PORGE POA OF ALL MEMBERS IN BUILDING AND REGISTERED BUILDING AS SOCIETY AND BECAME CHAIRMAN SECRETARY .

HOW THIS SOCIETY REGISTRATION IS VALID IN MAHARASHTRA ... IF ALREADY EVERY INDIVIDUAL HAS SEPERATE DEED OF APARTMENT WHICH IS REGISTETERED BY PAYING STAMP DUTY AND THAT DEED IS NOT CANCELLED AND THIS SOCIETY DEED IS DONE BY MAKING FORGE P.O.A of all flat owners... that's my query sir

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 November 2024

When a Society is formed nothing happens to the original deed executed with the builder. No POA is necessary to form a Society. The teancy right of the flat and its transferability remains with you even after the formation of the society. The ownership of all common areas vests with the society. You were living without a society for 10 years. Who managed your common interests? You must be happy that now a society is formed to look after your common interest. Who was paying the common electricity, water charges, sweeper salary, municipal tax and other common expenses? Were you contributing for the expenses? Is it co-operative housing society or some other type of society?

P. Venu (Advocate)     14 November 2024

In the absence of material facts, the posting is riddle than a query?

As to the PoA, who is the principal? Who is the agent, so authorised? How is it, as  alleged, fraud?

No suggestion is possible based upon your subjective opinion. 

Dr. J C Vashista (Advocate )     15 November 2024

Apartment Ownership Act (Law) is a state subject, which may slightly differ from a State to another which provides for the ownership of an individual apartment in a multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable and for matters connected therewith or incidental thereto with a view to securing that the ownership and control of the material resources of the community are so distributed as to sub-serve the common good.


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