Power of attorney for a flat in a housing society
9 months ago
I have a power of attorney for a flat in a housing society in Ghaziabad. Sale deed is in the name of my brother who lives in the US. I wanted to contest for the AOA election and submitted GPA as the proof of ownership. However, my candidature was cancelled saying only the sale deed is the acceptable document.
My question is whether the step taken by the election officer was legally correct.
A.Dear Client,
A GPA does not transfer the title of the property to the Attorney who is empowered to act on behalf of the Owner of the property and by virtue of his ownership and as per the Byelaws of AOA, he got membersip of AOA. So, A Attorney not being a resident owner or member, cannot contest as a candidate in the election of the Association. Accordingly, action of the Election Officer is correct so far the Byelaws of the AOA is concerned.
A GPA does not transfer the title of the property to the Attorney who is empowered to act on behalf of the Owner of the property and by virtue of his ownership and as per the Byelaws of AOA, he got membersip of AOA. So, A Attorney not being a resident owner or member, cannot contest as a candidate in the election of the Association. Accordingly, action of the Election Officer is correct so far the Byelaws of the AOA is concerned.
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A.Dear client,
In many cases, housing societies have their own bylaws or governing documents that outline the eligibility criteria for contesting elections. These bylaws may specify the documents that are acceptable as proof of ownership or membership in the society.
Typically, a Sale Deed is considered the primary legal document that establishes ownership of a property. However, some housing societies may also accept other documents, such as a GPA, if they are properly executed and valid according to the relevant laws.
Here are some factors to consider:
Review the housing society bylaws: Carefully examine the bylaws or rules and regulations of the housing society to understand the specific requirements for contesting elections and the documents accepted as proof of ownership.
Validity of the GPA: Ensure that the GPA you possess is valid and has not expired or been revoked. A properly executed GPA can grant specific rights to the attorney-in-fact (the person given the power) as per the terms and conditions mentioned in the document.
Seek legal advice: If you believe that the election officer's decision was not legally correct, it is advisable to consult with a lawyer who is familiar with property laws and housing society regulations in Ghaziabad. They can review the relevant documents and provide you with guidance on whether the GPA should be considered a valid proof of ownership for the purpose of contesting the AOA election.
Resolution through dialogue: If you have not already done so, you may consider discussing the matter with the election officer or the housing society management to understand the reason behind their decision and to present your case.
In many cases, housing societies have their own bylaws or governing documents that outline the eligibility criteria for contesting elections. These bylaws may specify the documents that are acceptable as proof of ownership or membership in the society.
Typically, a Sale Deed is considered the primary legal document that establishes ownership of a property. However, some housing societies may also accept other documents, such as a GPA, if they are properly executed and valid according to the relevant laws.
Here are some factors to consider:
Review the housing society bylaws: Carefully examine the bylaws or rules and regulations of the housing society to understand the specific requirements for contesting elections and the documents accepted as proof of ownership.
Validity of the GPA: Ensure that the GPA you possess is valid and has not expired or been revoked. A properly executed GPA can grant specific rights to the attorney-in-fact (the person given the power) as per the terms and conditions mentioned in the document.
Seek legal advice: If you believe that the election officer's decision was not legally correct, it is advisable to consult with a lawyer who is familiar with property laws and housing society regulations in Ghaziabad. They can review the relevant documents and provide you with guidance on whether the GPA should be considered a valid proof of ownership for the purpose of contesting the AOA election.
Resolution through dialogue: If you have not already done so, you may consider discussing the matter with the election officer or the housing society management to understand the reason behind their decision and to present your case.
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