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Pundalika Achyutha Bhat   06 October 2023

Difference between false, forged and illusory documents

My housing society has provided me with the Bye Laws Booklet with the following deficiencies:

(1) Said ByeLaws Booklet did not bear the Signature of the Taluka Assistant Registrar of Co-operative Societies under his Office Seal along with Designation. However Three Lions Round Rubber Stamp was found affixed on all the pages of the so called "Bye Laws Book".

(2) Name of the Housing Society was kept blank.

(3) Registered Address details were found kept blank.

(4) Correspondence Address of the housing society was found kept blank.

(5) Area of Operation was not specified.

(6) Under the Objects heading no details of the Plot No., Survey No, CTS No. Name of the Society's Plot address and total Plot Area were found kept blank.

(7) Share Capital details too were found missing.

Can anyone explain how I should treat the above mentioned Bye Laws Booklet from among the following 3 options ? :

(1) False document 

(2) Forged document 

(3) Illusory document 

Also can anyone point out whether the above mentioned 3 different documents are either Criminal or Non Criminal and the Remedies available in each of the 3 cases above.

 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     07 October 2023

From your contents it appears that this bylaw copy is kept with the assocaition from the period even before getting the bylaws registered as part of the assocaiton registration.

You may demand the copy of the bylaws approved by the registrar of cooperative society  after which you can even send a letter under RTI act to the concerned registrar confirming the genuineness of the bylaws. 

Dr. J C Vashista (Advocate )     07 October 2023

Contact Society office / Secretary for copy of approved Bye-Laws,.

However, it is not a legal dispute for consideration and obligation of experts on this platform.

1 Like

Pundalika Achyutha Bhat   07 October 2023

@ Mr. Dr. J. C. Vashista - Sir do you mean to say that my Thread Heading and other Sub Headings are not appropriate as per this Forum's guidelines. If yes please update me about the subject and do the needful. Thanks for replying my query.

Further I have to disclose some information not shared in this platform. I am following up with my housing society since 01/10/2021 and already written letters and email rrquest on 5 to 7 occasions. In Between some 11 days ago The Taluka Assistant Registrar of Co-operative Societies had called the housing society Office Bearers and myself for "Hearing". After the "hearing" as per the advice of Assistant Registrar - housing society had written a letter to me asking me to visit the society office on a particular date at a particular time. During my visit to the society office I was given the so called Bye Laws Booklet with all those defeciencies. Now I am looking for a genuine advice to know - still the experts from this platform believe about my case - as not a legal dispute for consideration and obligation of experts on this platform.

Dr. J C Vashista (Advocate )     07 October 2023

@ Mr. Pundalika Achyutha Bhat,

I maintain and mean my opinion qua your post for not providing copy of Bye-Laws of the society where you may be a member, it is not a dispute for consideration and obligation of legal experts.

It is a procedural error on the part of Society office.

You have earlier posted numerous posts mostly concerning functioning of your society (in particular).

Some of them are:

Difference between false, forged and illusory documents 

Legal Documents 

Gift deed by a mother to her daughter and tax implications for the both 

Taxation 33winteam 23 days ago

Legal remedy for not responding to my rti application no response from my housing society till this  26 days ago

Court fees for dispute application as per mcs act, rules and byelaws  11 months ago 

Who can attend and participate in co-operative housing societies agm  12 months ago 

Inordinate delay by co-operative organization to provide requested documents to its members  2 years ago 

Ammendments to existing bylaws of co-operative housing societies in maharashtra is jusified ? 

No activity Illegal possession of member's share certificate by a co-operative housing society and it's conseque  2 years ago 

Execution of limited power of attorney within 2 indian state  2 years ago 

Legal Documents 2 years ago

How to select categories from the drop-down menu 2 years ago 

Corporate Law  2 years ago

Cessation of membership and his liability there afterwards  2 years ago 

No activity Taxability aspect of principal amount invested by an assesse 3 years ago

Taxation  2 years ago

Read more at: https://www.lawyersclubindia.com/forum/display.asp?member_id=735686.

T. Kalaiselvan, Advocate (Advocate)     08 October 2023

If you are aggrieved by the acts of the society or the Assistant registrar then you can look for legal remedy as per law instead of coming out with your grievances in this forum again and again.

The suggestions rendered in this forum will be to certain exent only and it cannot come along with you till the end, you only have to look for the ways to solve your problem as per the guidelines rendered to you.

Sudhir Kumar, Advocate (Advocate)     10 October 2023

RTI will  not be maintainable on a document which is otherwise available in public domain even before inception of RTI Act,

 

You can visit registrar officer. deposit appropriate fee. inspect the registered document (i.e. society constitution) and obtain certified copy thereof.


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