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Answered by

Shirish Shanbhag

As an NRI, I face a complex situation concerning a MHADA flat previously owned by my late parents, now held by my sister, whose name is on the share certificate. Due to my inability to visit India, I did not register my share, and my brother has relinquished his claim. Both my sister and brother have consented to transfer their shares to me through a duly stamped and signed Release Deed at the Indian Consulate, which only includes their signatures and photographs, as per the consulate's guidance. We have since requested a No Objection Certificate (NOC) from the society to facilitate the registration of this Release Deed. However, three committee members are obstructing this process without providing written justification, claiming that my photograph and signature are required on the Release Deed. All three of us siblings are NRIs and have granted a Power of Attorney, duly stamped and signed by the consulate, to a friend to manage our property affairs in India. This POA holder has clarified that my photograph and signature are not necessary, as confirmed by the consulate officer, and he is authorized to act on my behalf if needed. Despite our lawyer's assurance that the documentation is in order, the committee continues to make excuses in their meetings without formally communicating their reasons for withholding the NOC. Given that our building is slated for redevelopment, it is crucial to resolve this matter swiftly before the plan is submitted to MHADA. We are at a loss regarding how to proceed and would appreciate any advice on navigating this impasse. CHS, property-related issues

Kindly ask your POA holder to make a complaint against objecting Managing Committee Members, to Deputy Registrar of Co-opreative Societies, who sits in MHADA Building.

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Our society had not took election in 2019 according to byelaws like filling e1,e2,e3 forms, election cheque etc. They elect chairman secretary by raising hands not following proper election procedure. So we complained it to deputy registrar office. They issued notice sec 77a of mcs act 1960 to disclose the documents of election took in 2019. Society said they are doing the procedure now. The final hearing is done. Now waiting for deputy registar order. Since the case is ongoing the society is conducting election for 2024 not waiting for deputy registrar final order on case. Can society take election since the final order has not been passed yet. Society is camouflaging the issue. Can we get stay on ongoing election since the case is ongoing. Kindly help CHS, property-related issues

Society cannot take its election, unless an election officer is appointed by Deputy Registrar, who will take society's election.

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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

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