1)kindly clarify whether registered sale deed has been executed in your favour
2) If so you can be admitted as member of society
Can a POA holder with sale deed ,become a member in cooperative group housing society. If yes than with what rights?
Can MC refuse membership to POA holders with registered . Sale deed
1)kindly clarify whether registered sale deed has been executed in your favour
2) If so you can be admitted as member of society
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.
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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.
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.
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.
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.
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.
- 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 .
1. No, POA holder cannot become member in cooperative housing society.
2. Only owner of property can become member of housing society.
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?
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..