Legal Question in Landlord & Tenant Law in India

Dear Sir,

In my apartment complex, there is an apartment owner, who has not paid maintenance dues for the last 2 years. When we asked him for maintenance payment, he claims that he has not registered that apartment in his name and hence doesn't have to pay. Yet, his name appears as owner on the owner board in the apartment.

Kindly tell us if we have any legal rights to get the money from him?


Asked on 1/16/13, 8:50 pm

4 Answers from Attorneys
Setu Niket Curare Legal

Depends on the nature of the society and maintaining agency whether you would be able to recover dues.

Kind regards

Setu Niket

+91-9873109672

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Answered on 1/16/13, 8:59 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Mr Niket. Pl approach a local lawyer.

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Answered on 1/16/13, 9:48 pm
Fca Prashant Chavan Expert Edge LLP

17.01.2013

Dear Sir / Madam,

Please resort to the provisions of the Tamil Nadu Co-operative Societies Act and Rules and proceed for the following action against the member -

Sections 67 to 72 of the bye laws are applicable so far as the levy and recovery of society's charges from the member is concerned. As permitted by the bye-laws, the Society will levy the maximum permissible interest rate of 21% on the outstanding dues of the member.

In keeping with the provisions of Sections 51 to 56, the Society shall pursue action for expulsion of the member and cease his membership of the Society vide Section 57(v) - The person shall seize to be a member of the Society on being adjudged as an insolvent or being legally disabled from continuing as a member.

Thereafter initiate eviction proceedings of the member through the Registrar of Co-operative Housing Societies and the Co-operative Court.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for further on-line advice at [email protected])

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Answered on 1/17/13, 1:12 am
Sanjay Kalra Sanjay Kalra & Associates

Engage a lawyer to guide you as he would have many questions to ask you and then advice you.......Please check Sanjay Kalra and Associates on the internet to know more about your query and the legal services we are rendering for our clients from all over the World.

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Answered on 2/07/13, 11:09 pm


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