Legal Question in Real Estate Law in India

Arrears of Society mainttenance chgs.

I have a residence flat at mumbai in dombivili area. flat was ready for possession in Dec 2006 and society was formed at same time but i took the possession from builder in Dec 2008 due to some finanacila crises.

and wish to let out this property on rental basis, but society have objection to do so due to arrears of 24 months maintenance chgs. I request them to give NOC for rented this flat i will pay the arrears in certain period and will pay regular maint. chgs. from Jan09 onward. Pls tell me what can I do ? Is society members have right to take objection for renting this flat.? and is i lable to pay maintenance for the period Dec06 to Dec08?


Asked on 1/27/09, 3:54 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Arrears of Society mainttenance chgs.

Society can object.

You are liable to pay maintenance.

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Answered on 2/07/09, 5:31 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Arrears of Society mainttenance chgs.

You may need to settle your dispute with the society in accordance with rules, bye-laws, decisions of Managing Committee and those taken in AGM. If you find any of order passed by the society as illegal or unreasonable, you may approach the RCS for appropriate relief.

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Answered on 1/27/09, 8:10 am


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