Legal Question in Real Estate Law in India

1) The SC ruling was to charge 10 % of the monthly rentals and not 10% of the service charges related to section 79A of the Maharashtra Cooperative Societies Act, 1960.

2) The maintenance charges are funds raised by the society members for maintaining common amenities like elevators, garden and cleaning. The flat owner has to pay both maintenance charges and non-occupancy charges if he or she rents out the flat, and this amounts to surplus charges for the benefit of the society.

3) The apex court defended its decision and justified its stand that the sub-tenant has no locus standi with the society. The member and the society thereof settle all the matters concerned.