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bharat (na)     05 September 2013

How to deal with this co-op. housing society

I have a plot in co-op. housing society.When this society was formed,it's membership was open to all.But after riots of 1969,society made changes in it's charter(RULES).A resolution was passed with majority holders voting for it.It was decided that plots/houses will be sold to only Sindhi buyer.This was done to prevent distress sell.However it is learnt that this resolution was not sent to Registrar of  co-op.society for approval.I have been told that this resolution is not valid as it was not sent to registrar for approval..Is it correct?What is status of this resolution even if if it was sent  to registrar for approval.

I am constrained to find out validity of this resolution as some members of governing body(one of them working in court-not lawyer) are using this resolution to force members to sell their property at price well below market price.Some members were forced to sell  their properties at very very low price.Recently a member sold his property to a Punjabi.But governing body threatened the buyer to back out.

How to deal with the situation.



 2 Replies

Dr J C Vashista (Advocate)     06 September 2013

Cooperative socities are governed by State Cooperative Socities Act and Rules and Bye-laws of the society adopted by them. Therefore, enrolment as member differs from state to state.

However, no society can differentiate the membership on the basis of caste, creed, religion,, s*x, education etc. etc., If the society has passed any such resolution it can be challanged and set aside. 

Amar Kalra (--)     09 September 2013

Please send me details as I may be able to help you. My email:amarlk@rediffmail.com


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