Advocate Seema Vithal Mangaonkar

Questions Answered by Advocate Seema Vithal Mangaonkar

Q: Procedure for sale of property if society is not giving NOC

I have want to sale my property. society is formed last 6 month. builder is still not transfer rights to society committee members.i need NOC for sale of flat. is there any other alternative solution NOC. if I can give any affidavit to purchaser or any other document.

Advocate Seema Vithal Mangaonkar answered
Dear client,Society noc is not compulsory to sale the flat.So without noc you can sale it. But still you want it and builder haven't transfer the right to society, you can take noc from builder regarding it.

Q: Procedure to dissolve the society committee or remove the chairperson

Dear sir, We are facing issue with the chairman who never provide any details and do all miss deeds. Everytime she manage to turn people thought by some manipulative talk and sympathy crying. She makes her own provision and rules on everything. For eg. She made this rule that the member of a society who have a property in the society can't be part of society meeting and/or stand in the election if they are residing somewhere else. Please help me with it. I am really desperate. Thanks in advance

Advocate Seema Vithal Mangaonkar answered
Dear client,Assuming that you are from Maharashtra state.My first advice to member of cooperative housing societies having any question about your membership right and its management, is to exercise your legal right to peruse or get certified copy of Bye-Laws conferred under section 32 of the Maharashtra Cooperative Society Act 1960 reproduced below.Section 32 – Rights of members to see books, etc.(1) Every member of a society shall be entitled to inspect, free of cost, at the society’s office during office hours, or any time fixed for the purpose by the society, a copy of the Act, the rules and the by-laws, the last audited annual balance sheet, the profit and loss account, a list of the members of the committee a register of members, the minutes of general meeting, minutes of committee meetings and those portions of the books and records in which his transactions with the society have been recorded.(2) A society shall furnish to a member, on request in writing and on payment of such fees as may be prescribed there for, a copy of any of the documents mentioned in the foregoing sub-section within one month from the date of payment of such fees.RESPONSES TO QUESTIONS1.The Chairman of cooperative housing society can be removed by members of the managing committee as provided in Bye-Law No 126(a), which says “Motion of No Confidence’ is moved in the special meeting of the committee called, and presided by the Registrar or such officer not below the rank of Assistant Registrar upon the notice given by 1/3rds members of the committee and the motion of ‘No Confidence’ is passed by 3/4ths members present at such meeting, having attendance of at least 2/3rd members of the committee. In other wordsa.Three committee members should send a written notice to the Registrar to hold a special meeting of the Committee to consider no confidence motion against chairman and or secretary.b.At this meeting 2/3rd (6 members) of the total strength of the managing committee must be present.c.Out of the members voting on the motion 3/4th (5 members) must vote in its favour.Resolution passed in the special general body meeting is no more than expression of loss of confidence of membership in the Chairman, but that is in-effective unless taking a cue from such resolution, the chairman quits on her own. She cannot be removed by that resolution, because the office bearers are elected by the committee out of the members elected by the general body of members. As yet a “right to recall” is not conferred on the membership of the cooperative society.The Maharashtra Cooperative Societies (Amendment) Act 2013 has amended Section 83 – (Inquiry by Registrar ) conferring powers on the members whereby“on the application of the one-fifth members of the society the Registrar by himself or by a person duly authorised by him in writing, in this behalf, shall hold an inquiry into the constitution, working and financial conditions of the society.”Before holding any such inquiry on an application, the registrar may having regard to the nature of allegations and the inquiry involved, require the applicant to deposit with him such sum of money as he may determine, towards the cost of the inquiry.If the allegations made in the application are substantially proved at the inquiry, the deposit shall be refunded to the applicant, and the Registrar may under section 85, after following, the procedure laid down in that section, direct from whom and to what extent the cost of the enquiry should be recovered.If it is proved that the allegations were false, vexatious or malicious, the Registrar may likewise direct that such cost shall be recovered from the applicant. Where the result of the inquiry shows that the allegations were not false, vexatious or malicious, but could not be proved, such cost may be borne by the State Government.

Q: Clarification on authenticity and validity of two different Wills

Sir, I just want to know which will has more power a codicil will or a will which was registered under Sub registrar office !! Please let me know.

Advocate Seema Vithal Mangaonkar answered
Dear client,Assuming you are hindu.Before perusing documents its v.difficult to advise in this case. Still saying as followsAccording to Section 2(b) of the Indian Succession Act, 1925 Codicil is an instrument made in relation to a Will and explaining, altering or adding to its disposition. It shall be deemed to form part of a Will. Similarly to the Will, the Codicil must be signed by the Testator and attested by two Witnesses.A codicil is considered to be a part and an extension of a will. A codicil is made in the same manner in which the will was made.Its not compulsory that if Will is registered, codicil should be also get registered, but it shoukd be deemed to form part of the lastest one registered Will.

Q: I wish to rent out my plot to any company for 5 years,what should i do

We wanted to rent out empty plot in mumbai for corporate company for 5 years , can we go for leave & license OR lease agreement ..? what could be safe as property owner ..??

Advocate Seema Vithal Mangaonkar answered
Dear client,1) A Lease, defined under Section 105 of The Transfer of Property Act, 1882, is a transfer of the right to enjoy the concerned property for a pre-defined time period or in perpetuity. The lessor (owner of the property) gives the lessee (the one leasing the property) such consideration periodically, usually at the beginning or end of a lease agreement.2) License is defined in Section 52 of the Indian Easements Act,1882. License does not allow any interest in the premises on the licensee's part. It merely gives the licensee the right to use and occupy the premises for a limited duration.3) A lease deed needs to be stamped and registered. The amount payable towards the lease deed's stamp duty is more than that payable towards the Leave and License's. For a period exceeding three years, the stamp duty is same for both agreements.4) Usually when the premise has to be given for use for a longer duration lease would be the usual practice. In either case if the lessee or the tenant refuses to vacate there are stipulations in the agreement that you enter into to evict.5) Therefore you may either enter into a leave and license Agreement or Lease Agreement. You need to make sure that the draft is duly vetted by a good lawyer and your interests are protected. 6) So your leave and license agreement or lease deed document's drafting is v.imp.factor to protect your rights and interest. Even though company's lawyer/s are drafting your agreement take it vetted from your end advocate to protect you.ALL THE BEST!

Q: Construction company not refunding my money even after court orders

Respected Sir/Madam, I am a senior citizen...My request to you is as under: I have filed case in the PUNE CONSUMER FORUM COURT against the construction company. I got the court order in my favour from ‘PUNE CONSUMER FORUM COURT. Court gave order to ‘the construction company’ to refund my amount with interest and compensation to me within 6 weeks from the order date… I haven’t received a single rupee and any response from ‘the construction company’ till date.. Then the court issued warrant against the construction company and has given order to refund my amount within 7 days as mentioned in the warrant... the construction company is not obeying the warrant as well and I haven't received my compensation till date... the construction company approached the state commission and my order has got stay from state commission. I request you all to help me out in getting the refund of my money that I have paid from my pension amount and provident fund and which are my life savings…

Advocate Seema Vithal Mangaonkar answered
Dear client,We can understand your situation and the mental agony you are facing.But as you stated it seems that your matter is already pending in state commission. In this scenario we can't do anything as matter in court. So insist your lawyer to do his/her best to take order from state commission as fadt as possible.