• Maintenance due from the flat

Dear Sir
As per bye laws of the association every buyer and seller need to intimate the association and also need to take NOC from the association. In one case , buyer and seller not informed association and did not take the noc from the association and purchased the property. However, the said flat is having dues of 20000/-. Now, old owner is not responding and new owner is not ready to pay the dues. In such cases what needs to be done.
Asked 5 years ago in Property Law
Religion: Other

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17 Answers

Association should refuse to transfer flat in its records unless old dues are paid 

 

2) sue the seller to recover Rs 20000 with interest 

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Seller has to pay as he is member of the association in its records 

 

dont raise bills in name of new member but in name of old member

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Serve legal notice to old and new owner regarding the pending maintenace seek maintenace from them. The association needs to send the in case they fails to pay maintennace. 

A recover suit for same needs to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See if the maintenance is due before selling the seller is responsible for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Don't include the new owner as a member of society. He looses all rights as a member. 

2) intitiate recovery proceedings against the new owner under the cooperative societies law applicable in your state

 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1554 Answers
5 Consultations

4.4 on 5.0

The new buyer is liable to pay the outstanding dues, due to his mistake in not obtaining the NOC from the association with respect to the flat purchased by him. Later on he can file a suit for recovery of money against the previous owner and recover those monies from him along with interest and other incidental charges. 

If the new owner does not respond then the association can take cohesive steps to recover its dues together with interest and other incidentals. 

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Issue a legal notice to seller and new buyer file a recovery suit against them. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

You get issue legal notice to both and then file a civil suit for recovery.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Hello, 

1)  The buyer needs to pay up as he's in occupation and ought to have got arrears cleared by the earlier owner. 

2)  Send legal notice tho both the current owner and the previous seeking payment. 

S J Mathew
Advocate, Mumbai
3562 Answers
175 Consultations

5.0 on 5.0

1) Don't issue share certificate on New buyer's name and don't allow him any association functions. 

 

2) Don't allow him to attend the meeting nor election voting in the association.

Ganesh Kadam
Advocate, Pune
12940 Answers
256 Consultations

4.9 on 5.0

You don't have to transfer the share certificate in the new owners name till he pays the money. You can recover the amount through recovery proceedings from dy. Registrar

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

Hi,

You may issue notice to both the buyers to pay the arrears and clear the dues. If not paid, you may initiate recovery proceedings as per bye-laws. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. For Recovery of outstanding dues of past /present member, the Association should file Civil Suit for Recovery, on the current occupant of the property, AFTER duly serving legal notice, by following due procedure of law.

2. Association should not transfer membership to the new owner and discontinue certain services (parking, lifting rubbish, swimming pool, gym....)

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the old owner is not at all interested in solving the issue, and new one is refusing to pay the same.
  2. The law says that at the time of buying the property, new owner will be responsible for past dues, and he is blind to give the same.
  3. If he had not been informed by he old owner then he has his own remedy to reimburse the same, but surely, he cannot say no for paying the past dues.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

It is the responsibility of the buyer to find out any dues owed to Association before he buys, because he is liable as per legal view. He can claim that amount from the seller by sending legal notice provided a clause mentioned in your sale agreement give provision. ( Normally we include this clause)

 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

You have to issue notice to the new owner who will put pressure on his vendor to pay the dues.

 

The association can pressurise the new buyer about payment of  dues to the property to the association and can inform about the drastic action that will be initiated for failing to honor the payment of dues. 

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Since the old owner is not visible in the sight and he cannot be approached whereas the dues are still  outstanding agaisnt the proeprty with the association, the association can very well issue a legal demand notice to the new owner about this and put pressure on him.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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