Q. What is Form I and when is it required to be submitted to the society?
Azad KS, Govandi
A. Form I is the format in which every society has to prepare the register of members. The managing committee has to record the information of members of the society. Personal details like the name, age, address, email id, mobile number and occupation of each member, shares held by each along with the details of shareholding, the date on which each person was admitted as a member and the date on which a person ceased to be a member and such other particulars as may be prescribed.
Details of nominee like the date of nomination, the name and the address to whom the flat and shares can be transferred after the death of the member should also be mentioned in the register. The details of the amount paid to the society towards entrance fee and share capital is also recorded in the said register. Such a register is the prima facie evidence of the date on which any person was admitted to membership / the date on which a person ceased to be a member along with the reason thereof.
The details of transfer of shares are also incorporated in the register. The MCS Rules provide the format in which the register is required to be maintained. Members are not required to submit Form I to the society, the information of the members is updated by the secretary in Form I.
Q. My son had issued power of attorney in my favour in 2004 on a Rs200 stamp paper (as per the then prevailing rules) and registered with the registrar. It allows me to sell / purchase of housing properties on his behalf. Now I want to sell one of his properties. Please let me know if this POA is still valid because now POA should be on Rs 500 stamp paper.
RK Doshi, Tardeo
A. Once a POA is duly executed and registered it shall take effect till the timeline mentioned in it. The POA need not be stamped additionally because of the change in stamp duty requirement subsequent to the registration. The powers granted to you by your son should enable you to do the transactions.
Q. A beehive is located in the balcony of the flat above mine. Last week I was stung by a bee and had to undergo treatment. I had drawn the attention of the member concerned and also of the society. I was told to approach the municipal corporation, which in turn asked the society to remove the same within five days. After follow up from members of our wing, the municipal authority has forwarded our application to the forest department. However, no action has been taken in the past two months. Whose responsibility it is to remove the beehive?
Naina Kulkarni, Kharghar
A. The society is responsible for the repair and maintenance of the external walls of the buildings. Since the beehive is in the balcony of your top floor, your society should have removed the same on its own specially since the civic body had asked it to do so. and more so pursuant to the directions of the local municipal corporation. Your society ought to have taken action to remove the bee hive within the time limit specified by the municipal authority. Considering the long inaction from your society, it should immediately arrange to get the same removed by engaging professionals under intimation to the municipal authority / the forest department.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
