• Proposed society maintenance

Hi
Ours was a proposed society(commercial building)for the phase 2008-2018.In this phase the maintenance of society was handled by proposed society.Initially I was a regular payer of maintenance but after few year I started facing major issues due to poor maintenance and eventually did not pay maintenance for a phase of 3 years.I spend money from my side to get those issues resolved.However since last 1 year I have been paying regularly.
Now the official society has been formed in 2019 Jan,and the society I am sure will try to recover the pending dues.I want to know does the newly formed society have any right to carry forward the issues of the proposed society(legally)?or its a different chapter all together.Are there any legal issues I can face regarding the same.
Thanks
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

1. The payment, recovery of arrears due or its hike depends on the bye laws of the society.

2. if a person is found to be liable to pay the maintenance charge then the liability continues even after the re constitution of society.

3. So in your case it is to be first found out whether the payment you made on your personal account would be taken into account for calculating your past dues.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Yes, the arrears charges can be demanded by this new society.

Liability for payment of maintenance charges by the respective flat owners  remains irrespective of reconstitution of the society.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Ethically a doctor can only prescribe medicines or advice on treatment to be followed only after seeing a patient.

Going by the books,  telephonic consultation without seeing a patient is not legally valid.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

All accounts of old society are handed over to new society 

This means entire management is handed to new society 

Thus the pending and existing dues as at the date of handover will be recoverable by new society

It cannot be altogether a new chapter

Yusuf Rampurawala
Advocate, Mumbai
7485 Answers
79 Consultations

5.0 on 5.0

You are liable to pay arrears of maintenance 

 

2) it is advisable  to pay said arrears 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

If no recovery proceedings have been initiated for period of 3 years claim would be barred by limitation 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Sir the new society shall take over the charge of the old society along accounts and debts so it can take steps to recover the old amount. THough the limitation of recovery period is 3 years.

Further society can impose the penalty and interest on unpaid amount.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes they have right to carry forward the amount.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

They can recover it as per past records but you can also file objections for the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

The previous society was not duly formed under the bye laws of Society Act then the new society have no power to does any act with retrospective effect hence you will not be bound to pay the dues to the new society

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If new society have any previous record about arear then they can recover due maintenance amount from you. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As per law, Yes , they have recovery rights. 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

The new society can enforce recovery of arrears from the members who have outstanding dues against their names provided, the old or the previous society had handed over the details properly.

The general meeting may also decide about this by passing resolution on this.

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

It will depend on the bye laws of the newly formed society.

If they have been authorised to recover them there's no illegality in it.

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

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