Legal Question in Real Estate Law in India

Hi,
I am asking this question to a lawyer based in Mumbai.
I own a property in Malad,Mumbai. I regularly pay maintenance of Rs 2800.
WE have however rented the property since last nov and were paying a maintenance of rs 3000. HOwever we were recently informed by the society management that we need to pay a maintenance of Rs 4800 since our property is rented out..
WE wanted to know if the same is applicable. Since we were out of the country we were informed that the circular was issued and now we have to pay the given amount. To avoid any interest charges to be levied upon I have made the necessary payment..

Asked on 10/09/09, 11:11 am

Shrichand Nahar S.V.Nahar, Advocate

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In Maharashtra, a Housing Society is permitted to charge 10% extra where flat is not occupied by a member i.e. rented or given on leave and license.

Therefore, in your case society can charge 2800+10%.

However, if maintenance in general of all the flats has been raised, then all will be required to pay enhanced charges.

Answered on 10/10/09, 1:26 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Already advised.

Answered on 10/11/09, 4:13 pm

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