Legal Question in Civil Litigation in India

Dear Sirs,

I place before the follwing question.

A member of the coperative housing society has not paid outgoings for the past one year. Notices with penalty have been sent regularly.

However, the member has not indicated as to when he will pay up. It appears there is some family dispute, though the flat stands only in his name

and all documents are in order.

The out goings along with penalty is accumalting. What action can be taken by the society.

Can the society after going to the Cooperative society office get an order for auction or selling of the flat?

How will the money be divided, if there are some claimants against him?

What about him, who is occupying the flat?

Will be grateful for your detailed advice.

Jude Dsouza


Asked on 9/17/10, 7:43 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

you will have to give an opportunity through office of coopertative society by filing a claim. The office has to issue notice of show cause. Without following the due process you cannot auction the flat

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Answered on 9/17/10, 8:11 am


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