Dear Madam,
I am living in a flat and when I filed my nomination for the post of an office bearer through one of my neighbours who is also a member of the association, my nomination was rejected by the returning officer on the basis that I cannot file the nomination by proxy. I checked the bye-laws of the Association but found nothing. What is the remedy open to me in this regard? Similarly, what I should do to introduce proxy voting in the elections to the office bearers?

I also wish to know the remedies or legal options open to me (other than through the AGM), against the Association. Does the Right to Information Act apply to the associations too? Suppose I ask for some information and also documents on any deal done by the Association, is the Association bound to produce the same? If not, what are the legal options open to me?

D Nanjundan

Dear D Nanjundan,

It appears that the society is governed by bye-laws. These laws must be looked into, before any effective answer can be given. It is not clear whether the society in question falls under the Co-operative Societies Act or whether it is simply registered under the Societies Registration Act. Unless these particulars are furnished your query cannot be effectively advised. The RTA applies to the society. Therefore, you can invoke the Act to get the particulars.

Dear Madam,
This is regarding my property in Bombay. My parents passed away a couple of years ago and both me and my sibling stay outside the country. I have been tending to the property through a power of attorney who collected rent, etc, on my behalf. I don’t have any documents regarding the lease and want to get them so that we (my sibling and I), can go over them. I also want to understand where the rent money went, whether to a personal account or another in either of the sibling’s names? My questions are:
1. What is the proper way the rent money should have been deposited?
2. If it goes into an account without my name, can I be held liable for it since my POA signed the documents? If yes, how much can I be held liable for, half the rent money or half of today’s market rent value?

Nilly 

Dear Nilly,

Your problem bristles with difficulties. The power of attorney given must be looked into, in detail, before any effective advice can be given. Enough facts have not been mentioned.

The author is a practising advocate specialising in real estate matters. You may e-mail your questions to 1.vatsala@gmail.com. Please mark your mail with `Legal Angle’ in the subject line. You may also write to us at: The Editor, Legal Angle, Deccan Herald, 75, MG Road, Bangalore - 560001.Disclaimer: All the answers provided herein are of a general nature. It is advisable to get specific legal advice after furnishing detailed history of each individual case.