Legal Question in Civil Litigation in India
Purchased flat in a building and took possession in 2011. There are 10 resident owners and 27 tenants and other owners spread all over India. Builder intends to construct one more floor for himself but permission for which is getting delayed. Initial amount collected by builder for maintenance is getting exhausted and he is insisting on minority owners to collect maintenance and run the affairs. Since society is not formed there is a fear that some owners (not residing) may not pay. We have to run the affairs at the same time. Advise whether we can collect from defaulting members later by legal means once the society is formed at the later stage or can we form the society with two third members without waiting for Occupation certificate of the Municipality.
1 Answer from Attorneys
It is always better to collect dues from defaulting members by legal means after formation of society.
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