LEGAL RESOURCE CENTREMoneylife Foundation's Legal Resource Information Centre's (LRIC) main objective is to provide information, advice and preliminary guidance to persons needing legal help or planning legal action in 10 defined areas.



You can seek help and guidance in following 10 areas such as CHS, property-related issues, Complaints to regulators, Consumer complaints, IT Act and civil liberties, Filing PILs, Whistleblowers, Sexual harassment case, Wills & nominations, RTI and Basic legal research.

A new committee took charge last year and after approval from AGM they had sent 101 notices for recovery to the defaulters. The defaulters approached Asst Registrar and 'convinced' him to issue show cause notice to committee as below:-
1) audit report of 2019-20 & 2021-22 was not submitted by previous committee.
2) Amended bylaws of 2014 was not adopted.
3) Repair and painting work is happening in the society. It has started after taking more than 3 quotes & due approval from SGM. but the show cause is asking why didn't the committee float tenders in the newspaper.
Committee requested time for response but it was rejected by Asst. registrar and he dismissed the committee.
Now, for point 1, it was the previous committee who is at fault & new committee asked them to provide audit report asap.
point 2, bylaws was adopted in the AGM and minutes.
Point 3, no tender was floated but approval was taken from SGM after contractors presented their work plan to SGM.
My question is if the Assist. Registrar has the power to dismiss committee without giving proper time for explanation?
Committee requested for a stay of this order with DDR.
Kindly let me know what will be DDRs decision in this case? Pointed to be noted is that the assist. registrar has not mentioned a word about the non payment of dues by the shop owners. so the committee believes that he did it by taking bribe but no evidence to prove hat.
Request your valuable advice on this.
Thanks ???? CHS, property-related issues

ALSO MG. COM SAYS EVEN IF IT IS TRANSFERRED IN MY SOLE NAME THEN I CANNOT NOMINATE ANYONE? OR SELL? SO DOES THAT MEAN TRANSFER IN MY NAME IS NOT ABSOLUTE BUT STILL AS NOMINEE?
MG.COM. SAYS IF OUTGOING HON SEC. OR ANY MEMBER TAKES OBJECTS?
DOES OUT GOING HON SEC. HAS RIGHT TO WRITE TO NEW MG. COM. THAT FLAT CANNOT BE TRANSFERRED IN MY NAME. ANY PENAL ACTION WHICH CAN BE INITIATED AGAINST OUTGONE HON SEC?. IS HIS WRITING LEGAL IN ANY WAY?
KINDLY ADVICE & GUIDE
CHS, property-related issues

One member of our society has 2 flats (A-110 and A-120). First name as per agreement on both the flats are same (Ms. XYZ).
Second name as per agreement of A-110 is Mr. ABC (Son)
Second name as per agreement of A-120 is Ms. CDE (Daughter)
Now the problem is, actual member of the flat does not attend AGM and sends her Son and Daughter to attend.
I need guidance on this matter when voting happens. Can both of them attend and vote ?
Please advice.
Murali
Basic legal research

Shirish Shanbhag Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, a Diploma in a French and has completed his LL.B. in first class, in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, where he taught theoretical and practical chemistry. Post retirement in 2012, he started providing guidance and counseling to people on several issues, with a specific focus on co-operative housing society related matters. Adv Shanbhag has a kee

Ashok Kargutkar Ashok Kargutkar is a Certified Associate of Indian Institute of Bankers (CAIIB) and has worked in Bank of India for 26 years. He has also been an insurance advisor with LIC India and AMFI registered Mutual Fund Advisor for 5+ years. He has also been a counsellor at Abhay Credit Counselling Center since its inception in Sept. 2008 to 2014.

AV Shenoy AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r

Abhay Datar Abhay Datar is a consumer activist. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of Mumbai Grahak Panchayat (MGP) in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related with mobile banking frauds and mediclaim. He was a Member of the Managing Committee of MGP till March 2021.

Shailesh Gandhi Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.

SD Israni Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on

Dr Rajendra Ganatra Dr Rajendra M Ganatra, was a banker for two decades and is now a registered Insolvency Resolution Professional, restructuring consultant and visiting faculty for MBA. He has more three decades of experience in project finance, asset reconstruction and financial restructuring. He is a Registered Insolvency Professional and has been the former MD & CEO of India SME Asset Reconstruction Co. Limited

Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.
Yogesh Sapkale Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues

Sucheta Dalal Trustee - Moneylife Foundation