Laws giving definition of Deemed Member
8 months ago
Here is a clause as per our apartment bye laws giving definition of " Deemed Member". Quote: " Deemed Member means a spouse of a sole owner or parent , legal heir, the successor of the owner or a child who is above the age of 18 years residing in the apartment and is authorised by a Power of Attorney by the member of the Association is treated as a deemed member of the association"Unquote. One resident who is son in law of a owner(Member) claims to be a deemed member as the owner(member) i.e. his father in law has given a power of attorney to him. According to him, the clause defining " Deemed Member" has two parts i.e. 1.Spouse of a sole owner or parent ,legal heir, the successor of the owner or a child who is above the age of 18 years " 2 and is authorised by a power of attorney( He says, any one who is authorised by a power of attorney).
Kindly advise if a son in law of the member(who is alive) authorised by a power of attorney can be considered as a deemed member or only to spouse, parent, legal heir, successor and children above 18 years authorised by a power of attorney can be considered as a deemed member
The first part seems to define who can be considered a "Deemed Member" based on their relationship with the owner/member. It includes a spouse, parent, legal heir, successor, or child above the age of 18 years residing in the apartment. In this context, the son-in-law is not explicitly mentioned.
The second part deals with the authorization process and states that a person can be considered a "Deemed Member" if they are authorized by a Power of Attorney by the member of the Association. This part does not restrict the authorization to only specific relationships like spouse, parent, legal heir, etc.
Based on this interpretation, it can be argued that the son-in-law could be considered a "Deemed Member" if he is authorized by a Power of Attorney by the owner/member. However, this interpretation may vary based on the specific wording of the bylaws and any relevant local laws.
To determine the exact applicability of the clause and the son-in-law's claim, it is crucial to review the entire bye-laws document, including any other relevant clauses.
Thank You.
In accordance with the Hindu law of inheritance, a son-in-law is not considered as a legal heir of the deceased father-in-law who is a member of the Society, Therefore, contrary to the provision of Byelaws of the Society, even a POA is executed by a resident or owner member in favour of son-in-law, he cannot be considered or allowed as deemed member following the provision of byelaws of the Society.
Asking For RTI
Mental Harrasment by professor
Inquiry for RTI act 2005
Notice pay amount and reliving letter
Smt Deepti Ravi Heblekar
