Yes if builder was collecting MC for that period and after formation of society, surrendered the MC corpus account to society.
Sir, our society registered last year , there are members whose due are pending to builders since last 4 to 5 years which builder has given details at the time of hand over, can society claim those unpaid due from them.
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Yes if builder was collecting MC for that period and after formation of society, surrendered the MC corpus account to society.
Society can legally claim all outstanding dues from the owner. Because upon formatiom of society association, assests and liabilities both are tranferred from builder to association subject to bulider's right to claim any shortfall of income over the expenditure during the period upto the handover of the maintenance to association.
If a member is in default and if recovery proceedings are initiated against him, then the provisions of the law of limitation will be applicable. The implication of the judgement, delivered by Bombay High Court on 7th October 2003 in the case of “Versova Gardens CHS Ltd. V/s. Divn. Jt. Reg. (C.S) Mumbai, is that if the Society has not recovered the dues from the defaulting member for three years, then it will be difficult for the society to recover under section 101 of the Maharashtra Co-operative Societies Act, 1960.
No, society can't claim those amount as it's individual transaction took place between builder and flat buyer on certain terms and conditions. If builder has not fulfilled their certain work.
- Yes, the society can recover dues from the perosns , who were its member before its formation.
- As per law of limitation , only 3 years dues can be recovered from its member.
- Further, if any member expires keeping a huge of amount of Society dues , and the legal heirs / nominees also do not pay the dues , nor they become the member, in such cases recovery suit u/s 101 cannot be filed.
Definitely not if the society is not in the existence that how can it claim the dues for that period.
In case any such demand is made by the society people use to pay because they do not want to create problem within the society as they are the new persons resident in the society however it is very much possible to contest the matter I need not to pay the outstanding for any period where the society was not in existence if you have any problem then you can complain to the registrar of the societies and chin against the society for the undue demand from the resident
1. Dues of over 3 years are barred to be collected under the Limitation Act.
2. Society CANNOT recover dues on behalf of builder, from its members.
3. Society has no legal status /jurisdiction to recover any money, from its members, before the date of registration. This has been upheld by HC.