Q. We had our AGM on September 29, 2024. During the meeting, there was a lot of commotion between the members and the meeting was adjourned. To date, the adjourned AGM has not been conducted. What is the timeline within which such an adjourned meeting is required to be conducted?
Prakriti Samant, Nerul A.
A general meeting may be adjourned to a later time on the same day and at the same place, as specified in the notice of the adjourned meeting, or to a subsequent day, no earlier than 7 days and no later than 30 days from the date of the originally convened general meeting. The agenda of the original general body meeting should be transacted in the adjourned meeting irrespective of the quorum being met. Thus, the adjourned AGM should be convened beyond 7 days from September 29, 2024, and before 30 days of the same date.
Q. I had given my house on rent last year. The license expired three months back. The licensee and his wife are having a troubled marriage. He has left the house and his wife and son are occupying my flat without giving rent and are not willing to vacate the flat. What action can I take as I need my flat?
Mitesh Parmar, Kandivali
A. The licensee is obligated to hand over vacant possession to you irrespective of the fact that he is not staying in your premises. As a licensor, you are entitled to recover the possession of his property upon the expiry of the leave and license agreement in accordance with the terms mentioned therein. You can initiate the process to “recover premises” against the licensee.
Please refer to your leave and license agreement for the rights of the licensor pursuant to the expiry of the said agreement. You are also entitled to get the license fee and the damages as mentioned in the agreement until the premises are vacated. Generally, a notice to vacate the flat, providing a specific timeframe for handing over peaceful possession, is required to be sent to the licensee. You may file an application to the competent authority and if satisfied, the authority will pass an order for eviction of the premises. Alternatively, you can speak to the wife of the licensee and ask her to execute a fresh leave and license agreement in her name to continue her stay in your flat by complying with all the formalities in this regard.
Q. In our society there are few members who own two flats but they have a single agreement for sale mentioning both the flats. Incidentally, the flats are on two floors like a penthouse. The society is charging the maintenance on the basis of the square foot area of the flat. Their argument is that it is a single flat as such the maintenance charge is flatwise. Please advice.
Jyoti Mandhana, Govandi
A. Your society should have the approved plan of the building and check as to whether the approval is for the penthouse or for two separate flats. The committee has to levy the maintenance charges accordingly. If the approved plan shows two separate flats, the society has to levy maintenance charges considering two units irrespective of the fact that there is only one registered agreement mentioning both the flats. Also, check whether there is any subsequent alteration to the approved plan by the builder/member for the amalgamation of the two flats of converting them into a penthouse. In such a case, the total number of members will change. Bye-laws 67 provides the basis on which the maintenance charges should be shared by the members.
Service charges and expenses for lift repairs and maintenance must be shared equally among all members. Parking charges and election funds have to be charged as decided by the general body. Water charges are based on the number and size of inlets provided in each flat, while property taxes are levied as fixed by the local authority. Insurance charges are applied according to the built-up area of each flat. Please refer to Bye-law 65 to 67 for the details on charges that can be levied and the criteria for sharing the charges amongst the members.
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
