• Termination of residency

We are Cooperative Housing Society in Koparkhairane, Navi Mumbai. Three of 16 flat owners do not pay building repair contribution for last one year. We are sending notices as per rule 101 with copy to joint registrar. Any advise to recover this faster?
One of the three defaulters is staying without any document for many years. Can something be done to evacuate him legally?
Asked 7 months ago in Property Law
Religion: Hindu

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14 Answers

Send final noitce with 21% in principal amount and refer dispute to registrar. Recovery certificate will issue by registrar and same shall be enforce by court order.

Include in the notice that if dues not cleared with interest, water/electricity will disconnect.

Yogendra Singh Rajawat
Advocate, Jaipur
21073 Answers
31 Consultations

4.4 on 5.0

Just to create pressure.

Yogendra Singh Rajawat
Advocate, Jaipur
21073 Answers
31 Consultations

4.4 on 5.0

1) you take recovery proceedings against defaulters under section 101 of MCS act 

Ajay Sethi
Advocate, Mumbai
78449 Answers
4706 Consultations

5.0 on 5.0

you cannot impose restrictions for visitors entry , tenants 

 

2) you cannot stop usage of lift by restricting timings for usage 

Ajay Sethi
Advocate, Mumbai
78449 Answers
4706 Consultations

5.0 on 5.0

he can claim defense of adverse possession as he has been in open , hostile un interrupted possession for 12 years 

Ajay Sethi
Advocate, Mumbai
78449 Answers
4706 Consultations

5.0 on 5.0

What do you mean that one of the three members is living in the flat without any documents?

Whose flat it is and whether the actual owner has made any complaint on this?

How did you know that he is staying without any valid documents?

If he is staying illegally then you can lodge a criminal complaint against him for the crime.

For recovery of the maintenance amount you may file a recovery suit before a civil court and seek permission of court to disconnect the services provided to him till he repays the dues and starts paying the maintenance regularly.

 

T Kalaiselvan
Advocate, Vellore
68471 Answers
918 Consultations

5.0 on 5.0

Management committee cannot take any such decision arbitrarily.

It has to be authorised by a general body meeting vetoed by a resolution passed by majority members.

 

T Kalaiselvan
Advocate, Vellore
68471 Answers
918 Consultations

5.0 on 5.0

You are asking for adverse possession.

This is a flat and it has to be owned by someone and not by the association.

Hence you find out the owner and instruct him to take steps on this.

You cannot as a society demand the details until there is a complaint from the owner about this.

 

T Kalaiselvan
Advocate, Vellore
68471 Answers
918 Consultations

5.0 on 5.0

Society should issue a notice for the payment of dues (including interest up to 21%. Show the principal and interest separately in the notice) to the defaulter with a warning that on failure to make the payment as per notice, the society / managing committee has no option but to move an application for recovery under Section 101 of MCS Act,1960 to the competent authority.

Mohammed Mujeeb
Advocate, Hyderabad
18372 Answers
11 Consultations

4.5 on 5.0

There are no specific legal restrictions that are applicable, in the case of visitors and guests.

Mohammed Mujeeb
Advocate, Hyderabad
18372 Answers
11 Consultations

4.5 on 5.0

1. Recovery Proceedings under the MCS Act, is the only Legal way to recover the outstanding dues of defaulter members. Another way is NOT permitted under MCS Act.

2. Society CANNOT make any type of "restraining rules" for members & their tenants, since this would amount to prosecutable & penal offences.  However rules can be made for non-members (means visitors only).

3. Nobody becomes an "automatic owner" even IF somebody occupies a property for even 50 years.  However, Law allows the person to occupy (not own) the property, as classified as "adverse possession" and such occupant CANNOT be evicted, by owner, unless due procedures of law is followed AFTER a civil court order.  VISIT:

 

Hemant Agarwal
Advocate, Mumbai
5318 Answers
25 Consultations

5.0 on 5.0

1. They cannot be evacuated. If building repair contribution is not paid by them then maximum which society can do is to deny them amenities which are provided by the society. Their proprietary rights cannot be slayed. If, however, somebody is occupying the flat without any right, title or interest then  a suit for eviction can be filed by the person who has the locus to maintain it.

2. You can make rules to regulate and not restrict the entry for visitors or tenants. Regulation is permissible, restriction is not. However, even the regulation has to satisfy the test of reasonability.

3. Ownership originates by virtue of sale deed.

Ashish Davessar
Advocate, Jaipur
29939 Answers
862 Consultations

5.0 on 5.0

You need to initiate 101 proceedings before dy registrar and recover it. Only notice will not suffice

Prashant Nayak
Advocate, Mumbai
21750 Answers
45 Consultations

4.4 on 5.0

1. You can file recovery suit against residents who are not paying maintenance charges but you cannot terminate their residency.

2. Only owner of that flat can file eviction suit against that person and not society or owner can authorize society to file eviction suit.

3. Yes you can make rules regarding visiting hours cannot restrict usage of lifts.

 

Mohit Kapoor
Advocate, Rohtak
10273 Answers
7 Consultations

5.0 on 5.0

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