Legal Question in Real Estate Law in India
We have a building of just 8 flats in Mumbai. we had formed a association on plain paper to open a bank account and opened an account in the bank with the name Js apts...it is not a registered association etc and does not have any rules/ byelaws etc.
Now one of the flat owner no 3 has sold his flat to another person 2 years back. we dont want this new person to be a part of our association and are not collecting any amt from him for water and other common amenities..so can we refund the proportionate amount of flat no 3 accumulated in Js apts account to this new purchaser and not admit him in the association. the other seven are ready to continue paying for all common aminites of the bldg on behalf of flat no 3 every month
P.S...property tax anyways comes on individual flats so pymnt of property tax is not an issue because who ever is the occupier of each flat pays the same Directly to BMC and even flat no three is paying the same directly to BMC since last 2 years.
3 Answers from Attorneys
as far as present transfer is concerned, you may not be able to do much.
Ideally you must, register yourself as a Condominium, and govern your interse as well as transfer matters under the same in future.
One needs to see your Association Constitution to advise properly.
Try to solve mutually, otherwise you may contact a lawyer
There is no choice given by law to accept or reject a person as apartment holder.
If other apartment holders wish to contribute for common expenses of the apartment no.3 too, the holder of apartment no.3 should be happy.
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