• Unpaid Maintenance dues for more than a Year

Dear sir, 
We are small society with 15 flats. 7 of them are owned by single owner & rest of them have individual owners. 6 of the flats were occupied by tenants and one by herself till last year. The maintenance was paid by her for all the 7 flats. But from Mid 2018, The owner of 7 flats is absconding. Slowly tenants left. Right now we have only 2 tenants. After the pressure from association, tenants started paying the maintenance to society. Now she has dues of over 4 lakhs. She has changed her phone no and calls the tenants by different nos & asks them to transfer the rent to her account. Can you please advise, way forward. It's big burden on the association.
Asked 4 years ago in Property Law
Religion: Other

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

You need to proceed against her in recovery through dy registrar and if not paid attach her flat for the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

It must be mention in rent agreement that she will bear MC. So even if any MC is payable than it will from present and for only that flat which owner by you and otehr tenant. Tell her either payment MC or deduct MC and pay rest rent to her.

Against any coercive step or demand, get injunction order from court.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

File a case for recovery of money and injunction.

Regards 

G.Rajaganapathy

Lawyer 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Hello, 

Terminate their water and electricity connection  and thereafter as per the bye laws of the society start the process of eviction of the premises by cancellation of their share certificate. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1) issue flat owner legal notice to pay society dues

 

2) If she fails to pay take legal proceedings to recover dues with interest 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

You can recover the dues by court order only.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

See association can give her legal notice if service of notice is not completed file a suit to recover the amount if in suit she fail to appear the court can attach her property.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

file a civil suit for recovery of dues. Claim full amount along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear

In this case association have to hire a lawyer and send a legal notice to the owner of those flat for clearing of the dues.

If she fails to clear the dues in 15 days after recieving the legal Notice society can file recovery suit against her. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Hi,

You may send a legal demand notice to the defaulter to clear the dues withing 15 days and in not cleared by her file the case of recovery against her.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can issue a legal demand notice to her to the last known address demanding the dues from her side towards maintenance expenses of flats to be paid to the society.

After that also if there is no response (even if the notice is returned undelivered), you may file a suit for recovery of money from them and the summons addressed to her last known address, get an exparte order and then execute the orders by filing an application to attach the property towards security for the amount to be paid by her.

T Kalaiselvan
Advocate, Vellore
84720 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer