Legal Question in Real Estate Law in India

diffential maintenance charge

Is it alright for the socirty to charge differential maintenance from tenents and owners


Asked on 5/25/07, 9:29 am

3 Answers from Attorneys

Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: diffential maintenance charge

It depends on the society's bye laws if it is prescribed then they will charge if it is not they cannot.

Usually the tenant does not maintain properly so that is the reason they might be charging extra from the tenants.

the society cannot charge different for different people, unless it is priviliged building.

Balasubramanya

Advocate.

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Answered on 5/26/07, 12:09 am
Anand Deshpande MAS Juris Legal Consultants

Re: diffential maintenance charge

Yes, it is a normal practice to charge more for a flat with tenants. This has to be allowed by the bye laws. There have been judgments that it is allowed.

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Answered on 5/26/07, 1:21 am
Shrichand Nahar S.V.Nahar, Advocate

Re: diffential maintenance charge

It is governed by the local acts of the Societies and Bye-Laws of the Society. In Maharashtra, a housing society can charge differential maintenance from tenants and self occupied flats. However, permissible difference in Maharashtra is 10% only.

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Answered on 5/26/07, 3:36 am


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