Contestant - Apartment Election
3 months ago
1. In a gated community, (chennai, Tamilnadu), , When Father is the registered house owner of the House in a gated community, whether his unmarried daughter who is staying with father in the same house is eligible to contest for election? FYI - Daughter is not the co-owner of the house i.e., House registered in the name of Father & Mother but not daughter. Both parents are senior citizens. Our Bye Law says - c.Every member(only 1 per Apartment/Flat) is entitled to stand for election to any office of the Association unless he / she are not in arrears of subscription and other dues for three months and over. d. Where two or more persons have purchased an Apartment jointly, they shall be jointly entitled to the Apartment and the person whose name stands first shall alone have the right to vote or stand for election. However, the first Joint Owner, by a letter of authority deposited in the office of the Association, may authorize the other Joint Owner to vote on his/her behalf or stand for election. e. Only one of the Joint Apartment Owners shall be entitled to vote or be eligible to be elected and not all the Joint Owners.
2. If, No is the answer for 1st question, can the "Power of attorney" provided by father to the daughter, can make daughter contest for society election?
Based on the provided information, it seems that your community's bye-laws specify that only the person whose name appears first in the case of joint ownership has the right to vote or stand for election. Since the daughter is not a co-owner and her name does not appear first on the registration, it might be interpreted that she is not eligible based on the existing bye-laws. A Power of Attorney may grant authority to act on behalf of someone else but might not necessarily override the specific provisions outlined in the community's bye-laws regarding election eligibility. To get a precise interpretation of the situation, it's recommended to consult with a legal professional who can review the bye-laws and the Power of Attorney document to provide accurate advice tailored to your specific case.
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