Legal Question in Real Estate Law in India
FCA Prashant Chavan says in his reply dated 25.08.2013 that the "2004 ruling of the Mumbai High Court in Venus Co-operative Housing Society v/s Dr. J Y Detwani has already been overruled and superseded by subsequent Court judgements" but he has quoted Acts of 1960 and 1961. May we know which "subsequent" Court judgements have overruled the 2004 Mumbai High Court ruling on maintenance charges? Thanks.
Asked on 6/15/16, 12:49 am
1 Answer from Attorneys
The Maharashtra Co-operative Societies Act 1960 and The Maharashtra Co-operative Societies Rules, 1961 and Bye laws have a distinct provision whereby Societies are entitled to charge and recover expenditure on common amenities and services termed as "Maintenance Charges" based on the carpet area of each individual member of the Society.
Answered on 6/15/16, 1:12 am
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