'Absolute Power Corrupts Absolutely'
#ByInvitation | Authored by Tanya Desousa
Navigating the path to justice is invariably arduous, as I learned firsthand. Like most members of most societies, I used to avoid meetings, finding them cumbersome. However, an elder member consistently encouraged my attendance, alongside other supportive seniors.
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| Tanya Desousa is fighting the good fight...and winning! |
As time passed, many of these pillars of our community passed away. When I eventually attended a meeting, the agenda centred on substantial building repairs costing Rs 50 lakhs – a single quotation for such a significant investment seemed careless to me.
It dawned on me that we ought to be more conscientious about our expenditure, considering it was our collective funds at stake.
Moreover, it became evident that the committee's term had expired, yet they continued to solicit funds for repairs. With the backing of the Registrar, who facilitated prompt elections, we ensured all members participated in the democratic process. Subsequently, the necessary repairs were completed, and I assumed the role of secretary in the interim.
During my tenure, concerns arose regarding the rightful ownership of a flat following the passing of a lady in 2011. This property whose heirship had yet to be decided remained vacant but had been wrongly transferred to another individual in the family.
Her sister had relocated to the USA, where she married and had a son before her ultimate demise.
In a distressing turn of events, my love for animals led to unwarranted scrutiny and pressure from certain society members, ultimately leading to my resignation as secretary. However, freed from official duties, I resolved to uncover the truth behind the vacant flat's true ownership.
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| Advocate Sameer Kolge |
Eventually, I managed to establish contact with the rightful heirs, albeit met with scepticism initially. With perseverance, we brought the matter to light in our society's meetings, garnering widespread support.
Finally, on 21 February 2024, the deputy registrar issued an order reinstating ownership of the flat to the original deceased sister.
Reflecting on this ordeal, it's disheartening to witness a managing committee adopting a proprietorial stance, contrary to their role as custodians of community assets. Such behaviour undermines the collaborative spirit essential for social harmony.
It is true, absolute power corrupts absolutely.
It's important for cooperative housing society members to persist with the law and follow up with issues even if it takes a passage of time. A lawyer can help fight your case, but the matter must itself be a valid issue. Tanya's is a case in point, says Advocate Sameer Kolge.
(The Draft Colaba is an ultra-local edition of The Draft to bring you news and updates from Mumbai's oldest precinct)
