Maintenance shall be paid from the date of society is formed. Before of that date, society have no jurisdiction to charge maintenance. Complain to registrar. Or get stay from co operative society court.
Society Maintainance not paid buy previous buyer
Dear Sir We have bought a 2 BHk flat in which the society is still not formed, only a maintainance comitee is managed internally. i was staying in the same flat from past 2 years on rent basis. While the purchase process a sale deed was made and as no society was formed so Registrar did not asked for any NOC from society. After purchase of the same I have come to know that earlier owner has not paid maintainance charges for past 5 years and now the society is asking me to pay the same. if not paid by us they are threatning to stop the water, garbage collection and lift services. From some source i have come to know that society secretary is friend of previous owner and so he did not asked for the payments. am i liable to pay the same now, What should I do I am stuck as the amount pending is a huge amount and I am not able to pay the same. Can i seek any legal help. Thanks
Asked 5 years ago in Property Law
Religion: Other
11 Answers
The society cannot firstly cut your water and electricity connection. Secondly as per the sale deed you can issue the legal notice to the previous owner to pay same and provide you No dues certificate from the society.
if he fail to refund the amount you need to file a civil suit to recover the amount.
issue legal notice to seller to pay the dues
2) there must be indemnity clause in your sale deed
3) seller is bound to indemnify you in case claims are made
4) if he fails to pay sue the seller to recover dues claimed by society with interest
5) society cannot discontinue water supply , lift as they are essential services
Are you sure that the maintaince was due not upon tenant i.e. you. In case the rent agreement states that the maintaince agreement is liability of owner, then you may resort to the following course of action.
Write a notice to the previous owner to clear the dues immediately.
Write a representation to the society and specifically assert that society was duty bound to ask the same from the previous owner. That it is wrong on part of society.Annex the said letter along with the rent agreement.
Rest pls contact me thru Kaanon.com
Hello,
File a suit for specific performance against the previous owner and make the society secretary pro forma defendant.
Regards
This is my response to you:
1. If the property was sold to you the earlier owner should have obtained an NOC from society;
2. If you have obtained NOC from society then you do not need to worry;
3. Nonetheless you can write a letter to society and say you are not liable to the money;
4. The previous owner should pay the same;
5. If the society does not listen then send a legal notice to society and the previous owner.
Kindly go through the terms and conditions of sale deed. There is clause which says that any dues up to the day of execution of sale deed is to be paid by seller and after that by buyer. There may also be another clause indemnifying the loss. etc by seller, if any. Hire an advocate and send him legal notice and thereafter file a suit for recovery.
You will have to pay the maintenance charges demanded by the society. The society can make the demand of maintenance only from the member and not the person who has ceased to be a member (seller).
However, you can claim the same from erstwhile owner, from whom you had purchased the flat if it is mentioned in the agreement for sale/purchase that all the liabilities and outgoings in respect of the flat shall be borne by the seller and the seller shall keep the purchaser indemnified against the same..
You can file a case in consumer court for deficiency of service. They can't stop electricity and water as it's criminal offence. You should always check for non dues certificate or no or maintenance receipts before buying
Since it was the liability of the previous owner to pay the maintenance, you may give a letter in writing to the society about this and may inform them to collect the same from the previous owner.
Yo may also warn them that you will approach consumer forum and other civil courts for suitable legal action if the society is induilding in any illegal activity against you by disconnecting the power or water supply.
You may take the assistance of an advocate in local to draft a proper notice to the society if they do not listen to your request
Dear Client
- First you should give a written reply to society secretary that you have purchased the flat on __ date and your are not liable to pay the previous maintenance due before that date.
- Also send a legal notice to the seller to clear all the previous dues of society and provide you NOC otherwise you are bound to file a recovery suit against him.
- The society cannot claim previous dues from you if still they claim from you then you can complaint against them to registrar of society.
- And society cannot stop services like water and electricity due to non payment of previous dues by seller. If still they do so you can file a civil suit On society.
