• POA holder can he apply for membership in housing society in his own name

Can a POA holder with sale deed ,become a member in cooperative group housing society.
If yes than with what rights?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

1)kindly clarify whether registered sale deed has been executed in your favour 

 

2) If so you can be admitted as member of society 

Ajay Sethi
Advocate, Mumbai
97613 Answers
7902 Consultations

Registered sale deed is already there. 

Membership denial is unethical

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

The societies are governed purely by the governing Act and rules set therein apart form the Bye Laws framed within the frame work of the Act.

Therefor refer to the Bye Laws and the concerned Act to find your answer.

In most of the states such membership on the basis of POA is considered to be permissible.

Devajyoti Barman
Advocate, Kolkata
23352 Answers
524 Consultations

?????, 

  1. ?? ??? ??? ??? ??? ?????????? ???? ???? ?????????? ?? ??? ????, ?? ??? ????????? ????? ??? ?????????? ?? ??? ??????? ??????? ??? ??? ?? ???????? ???? ??? ?????? ???? ??? ????? ?????? ??????. 
  2. ?? ??? ?? ?????? ??? ????????? ?? ?????? ?????????? ?????? ?? ??? ?????? ????? ??? ????????? ?? ? ???. ?? ???? ?? ??? ??? ?? ? ?????????? ????????, ????? ???'? ?? ??? ??????????. 

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

The power of attorney holder is not a owner of the flat therefore his or her claim on the basis of the POA deed from the owner/executor for membership in the association is not maintainable as per law.

The power agent can represent the principal in the meeting and if the bylaws of the association permit, he or she can even vote in the elections for the RWA. 

 If the power agent has a registered sale deed on his or her name, then there is no question of any POA deed in its favor.

 

T Kalaiselvan
Advocate, Vellore
87815 Answers
2365 Consultations

The power of attorney holder cannot become the member of the association.

Only the owner can become the owner, the power agent can process the papers on behalf of the owner to make his principal a member of the association.

The registered sale deed is on the name of the flat owner hence he only is eligible to become member of the association.

 

T Kalaiselvan
Advocate, Vellore
87815 Answers
2365 Consultations

POA holder cannot be the member.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Client,

POA holder may file application in the name of the Executor and get the member ship of the housing society. MC can not deny POA holder from applying on behalf of you. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

It depends on the rights mentioned in POA executed in favour attorney as much right as available to Original owners. 

If POA confers right upon attorney to become nominal member and have voting right then MC can't refuse. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

POA can only act as proxy on behalf of owner to attend meetings but no voting right. On owner and co owner - either of them can become member.

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

- No, a POA holder cannot become a member in the housing society , except he can represent in the GBM and cast vote on behalf of the owner who is having legal Sale deed .

- Otherwise , depend upon the rules & bye laws of the said housing society . 

Mohammed Shahzad
Advocate, Delhi
14778 Answers
225 Consultations

Yes if it's a registered sale deed and poa he can be admitted as a member along with indemnity bond

Prashant Nayak
Advocate, Mumbai
32940 Answers
209 Consultations

1. No, POA holder cannot become member in cooperative housing society.

2. Only owner of property can become member of housing society.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

MC cannot refuse to admit you as member if registered sale deed is executed in your favour 

Ajay Sethi
Advocate, Mumbai
97613 Answers
7902 Consultations

He has a PoA but is ot mentioned in the sale deed that he may become a member of the CGHS?perform all the acts which an owner can do? 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Yes it can or it may set a timeline within which they have to transfer the property to themselves.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

If the POA is duly registered under registration act and has a specific clause to that effect giving the POA holder right to attend the meeting then the society has no right to stop the POA holder from attending the meeting.. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Incase if MC refused, you may approach before Registrar. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Dear Sir/Madam,

You are suggested the said POA member can be the member and the MC can't refuse his membership. Besides, if the membership is refused by MC, the complaint may be file to the registrar of society against the MC activities. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer