• Maintenance recovery

Sir i m a developer in thane.i wanted to know as per laws i have registered coop society of members but members owe me a lot of maintenance dues and are not paying and i am scared that once i hand over society to them they will not pay.i have similar experience early on this when i handed over registered socities by taking AGM and later no one tried to clear my dues.pls advise sir.
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

1. You must have a corpus like 'sinking fund' to take care of this. Else in your future projects collect money keeping this contingency in mind.

2. If there is no pending service from your end , your only remedy would be to file a civil suit for recovery of money to get back your dues towards this service.

3. otherwise adjust this money with the pending work if any in the project.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

1) issue legal notice to defaulters to pay outstanding maintenance dues 

 

2) if they fail to pay sue them to recover money with interest 

Ajay Sethi
Advocate, Mumbai
99958 Answers
8158 Consultations

Send the legal notice through lawyer claiming the maintenance from the members. Notice has to be given in name of society. Further they need to clear dues in case they fail to pay maintenance on notice suit for recover has to be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can issue notice and start the proceedings in the court then you can handover the society in meantime you can recover through the court,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

As per the law you can't stop agm but you can recover the same by other mechanisms of recovering dues.

Prashant Nayak
Advocate, Mumbai
34646 Answers
249 Consultations

You cannot stop handover to society 

Once society is registered, you are statutorily obligated to do conveyance within the specified period and also handover management to the society 

Just because your dues are not paid is no justification to deny the handover

You have to file a suit against the society and its members to recover your dues

Yusuf Rampurawala
Advocate, Mumbai
7920 Answers
79 Consultations

Issue a legal notice through an advocate and file a case of recovery of money along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19369 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have not been paid your dues and this may be the second time happening with you.
  2. I would advice you to send them a legal notice for clearing all you dues otheriwse you would not handover this time and would have to seek the help of court of law.
  3. And if they don’t take it seriously, then you should approach the civil court of law or would say society court of law to put stay on the further functioning of the society till they clear the past dues.
  4. I am sure that this time you will be getting back, unlike last time.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

you should hold AGM on scheduled date 

 

2) mention that the flat owners who are defaulters would not be permitted to stand for elections 

 

3) issue legal notice to defaulters to pay the outstanding dues 

Ajay Sethi
Advocate, Mumbai
99958 Answers
8158 Consultations

Yes, on this ground you can refuse to handover the charge. This may force them to clear the arrears.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Hi,

You are suggested to send legal notice to the persons and do discuss the things in AGM. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

You issue a legal demand notice to all those who defaulted the payment so far.

After that you may even file a recovery suit against the defaulters  along with the interests and for costs of the suit.

As you apprehend that the members may not repay the amount once you handover the apartments to the society, you may first take steps to recover the amount before handing over to the society.

 

T Kalaiselvan
Advocate, Vellore
90159 Answers
2505 Consultations

Let the AGM decide to take over the society, you may issue a letter to the society stating that if the society is willing to accept the liability in cae of the dues from the defaulting members, then the society shall be handed over or  else ask them to proceed legally which can be challenged properly.

T Kalaiselvan
Advocate, Vellore
90159 Answers
2505 Consultations

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