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POA rights to attend meetings under special clause mention
29-Sep-2024 (In Property Law)
Hello. I have a POA on my name to execute various tasks on my sister's behalf, one of which mentions a special clause to attend meetings. This POA is registered in India and apostilled in USA consulate also. Everything was done by law, however the committee does not allow me to attend any meetings to reasoning section 104 of society by-laws which restricts proxy and POA holders from attending meetings. I want to know which section under by-laws allows a registered POA holder to attend meetings.
Under societies Act, one cannot vote as a proxy on behalf of a member of a cooperative housing society even if you are a registered power of attorney holder. Only a member can cast vote. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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In your situation, society by-laws often restrict proxy or POA holders from attending meetings, as seen in Section 104 of the model bye-laws used by many cooperative societies in India. However, there is no specific section in the by-laws that directly allows a POA holder to attend meetings if the by-laws explicitly forbid it.
Your legal remedy would be to challenge the society’s refusal by filing a complaint with the Deputy Registrar of Cooperative Societies or approaching a cooperative court. You can argue that the Power of Attorney grants you the authority to represent your sister in all legal matters, including attending meetings, and that the society’s by-laws cannot override this legal authority without reasonable cause.
It would also be practical to request an amendment or special permission from the society, especially if your sister is out of the country or unable to attend for valid reasons. In such cases, courts or the registrar may support your position if you show that your representation is essential and does not undermine the society’s operations. Consulting a lawyer specializing in cooperative society laws can help frame the argument effectively.
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Adv. Rohan Venkatesh Yemul
Mumbai | 100+ Answers
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