• Maintenance due by previous owner

Hello
i bought a flat recently
we dnt know that previous maintainance is due for the flat from a long time...
nor the owner informed while selling it..nor the association proceeded with any note for the flat...
now we bought the aprtment..now they are forcing us to pay the amount as we are the owners now...associatio. want proceed legally on us
what can we do in this case?
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

1) Have you not take NOC from association and transfer certificate from association at that time they must have told you that pending maintenance amount.

2) If any balance is pending of your purchase deed of flat to previous owner. Than you can hold that much amount. Otherwise you can send notice to previous owner to pay to due maintenance.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) No its not your fault. Association and you combine should send notice to previous owner.

2) For nothing wrong you have done why pay others penalty amount. Why association members were sleeping till that time your transaction took place. How come they all did not came to know.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Sir you have right to legally claim the maintenance from the previous owner.

If anything in sale deed about maintenance is not written the you are liable to pay from date of transfer of flat. You are not liable to unpaid maintenance by previous owner it was duty of the association to claim same from previous owner on time or atleast they should have collected it on time of giving noc for transfer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are bonefide purchaser and there is valid deed even if the association file a case on you that is not maintainable as you have valid defence to this further they cannot claim.previouse due arrears from you.

Further you serve the previous owner with the legal notice to pay the due amount of maintenance which he has not payed. Further a recovery suit.can be filed by you for the amount in case you pay it, you have right to.get indemnified by the previous owner.

You just serve owner with the notice to pay his dues of maintenance mark the copy.of notice to the society also then let association claim it from him if they go against you there is no remedy available to them as it is absolute negligence on there part.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) is there are any indemnity clause in your sale deed?

2) as per indemnity clause seller seeks to indemnify you in case any demands are made by association or govt authorities

3) issue legal notice to seller to pay society dues

4) if he refuses file summary suit to recover the association dues

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

association ought not to have issued NOC for sale of flat if any dues were pending

2)if any legal proceedings are filed against you take the plea that society should recover it from seller

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

It goes with the terms of sale deed/sale agreement. You need not pay anything. It appears there is no clause in the above documents. The suit of the management if filed would be against you both and the court will decree the suit against your vendor. Nothing to bother. Be at ease.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Since you have become the owner now, you will be liable to pay the pending maintenance dues of previous owner

2. You can recover that amount from the previous owner

3. The society or association will not go after the previous owner. So it's better you pay the arrears and recover that from previous owner

4. Issue legal notice to previous owner

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

You should claim for maintenance.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

You need to send legal notice for cheating to your previous owner to pay the maintenance charges and a notice to the RWA for not issuing notice to land lord for collection of overdue payment.

The liabilities relating to property transfers along with the property and you have to clear it but if not paid by the previous owner file the case in the court along with the legal fee and compensation.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

This is my response to you:

1. The society/association should have issued an NOC stating that there are "no dues";

2. Since the society issued no such letter to you or the previous owner to pay the dues, therefore they are wholly liable;

3. Send them a legal notice stating that you are not obligated to pay the maintenance;

4. You can then file a complaint before the Registrar of Societies;

5. If they still don't listen, then approach the consumer court and seek damages against them.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firstly, no need to get tense by the saying of the association as you are valid payer of maintenance since the time you bought the flat.

Secondly, if they go for any such suit then you need not worry as you are at safe end.

Thirdly, and I also believe that there must be no any specific clause which talks about payment of previous maintenance by new owner as it is not the valid one to put in the agreement also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can pay the arrears of maintenance amount on behalf your vendor and can collect the same from him

You can inform him about this and await his reply, if he is not cooperating then you dont have any option than to pay since you are the present owner.

You can issue a legal demand notice after that to the previous owner and then file a recovery suit against him along with interest if he is not complying with the demand made.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

1. The demand notice issued by the association is sufficient to initiate recovery action against you on this.

2. The association would initiate recovery action as per law if you dont pay the balance amount due to the association in this regard.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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