• Maintenance for NRI

Dear Sirs, I am an NRI for the last 14 years and since then have been out of India. I have a property (flat) in Kolkata, Recently the other flat owners sent me an email saying that I owe them around 90000/ rupees in unpaid maintenance.

1. I was asked to send the money into someone's personal account, shouldn't there be a current account for a legally registered society? 
2. Does such housing societies need to be registered legally? if yes, what legal document should I ask for as proof
3. Is their a kind of break up, how much for water, common electricity, building repair, security?
4. is their service charge, if yes what percentage? 
5. Is there a TAX to be as well, if yes who is supposed to pay this?
Asked 4 years ago in Property Law
Religion: Christian

9 answers received in 1 day.

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9 Answers

You need society registration certificate issued by registrar 

 

2) ask flat owners to furnish copy of valid registration certificate 

 

3) there has to be savings account in name of society . All cheques should be issued in name of society only 

 

4) bill contains detailed break up of property taxes, common maintenance charges , insurance charges , sinking fund , repair fund 

 

5) bill for property taxes is raised in name of society and society in turn recovers from flat owners as per assessment bill furnished by muncipal corporation for each flat 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You have been asked to pay for the maintenance which should be paid to the account of the Society only and not to anybody's personal account. You have not given the clear picture about your Society by mentioning "other flat owners  sent me an email saying that I owe them around 90000/ rupees in unpaid maintenance". If there is a society formed by the flat owners then you are also supposed to be its member and should be informed about the election of the Chairman and Secretary and other Board members of the Society. This email should come from the Secretary or other officer bearer of the Society. If there is a Society, there should be its office bearers.

 

2. The society should have been registered by this time but there is no bar in paying the maintenance till the Society is registered. 

 

3. Ordinarily, Maintenance Charge is grossly  fixed by the Society covering certain specific expenditure. Any expenditure towards exigencies are charged separately and for such expenditure, AGM is called and approvals from the majority of the members are obtained.

 

4. & 5. There is no service charge and Tax to be paid for paying maintenance amount to the Society. 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Yes you are correct. this should be transferred in the bank account of the Resident Welfare Association

2. yes. they need mandatory registration and periodic renewals. Ask then for the last renewal certificate and the initial registration/incorporation certificate.

3. Not necessarily, they must be charging all their residents a lumpsum monthly maintenance.

4. No.

5. GST is applicable. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Have you received any bills till date ?

 

you are liable to pay if society has raised bills for maintenance from flat owners 

 

bank account has to be opened in society name 

 

you cannot pay maintenance to personal account of flat owner 

 

better to sell your flat 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. As per rule , you are under obligation to pay the maintenance charges to the society, however this amount should be deposited in the society account and not in any personal account even the secretary of the society cannot ask in his personal account. 

2. It is not mandatory to be registered a society , but an unregistered society cannot collect maintenance and other charges from its member. 

- You should ask for the registration paper of the society. 

3. It is depend upon the society norms 

4. No

5. Yes

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It should be supported with legal society bills and amount should be credited in society account only and not to any personal account

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. You can refuse to send the money to anyone's personal account.

You can ask them to send the demand notice properly through their letter head duly signed by the secretary or treasurer or the president of the society with the details of the payments that are due from you till this date.

You can inform them that after verification, you will send the amount that you are liable to pay to the association by drawing a cheque in the name of the association alone and not on any individual's name, if they still insist on sending the money to anyone's personal account, you can inform them that you may initiate legal action for the offences of extortion.

2. The letter head of the society will contain the registration number if the society has been registered with the cooperative registrar, hence you insist on the demand notice to be sent through their letter head.

3. You can insist on the details of the amount to be paid by you from the date of its due till this date.

4. No idea about it, you may have to refer to the bylaws of the society in this regard.

5. The above answer suits this question too.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You were advised to initiate action as suggested in the previous post of the same thread.

You can follow the same.

You can write to the association or reply to their communication about this and seek the details legally since you are in various doubts about the payments that are to be paid by you.

You have been outside India for 14 years and it appears that you have not paid the monthly maintenance amount for all these 14 years, hence it is better that you clarify the details and arrange to make the payments whatever you are due to pay to the society.

If you are one of the members of the society you can demand your share certificate from the society and also other details in your communication and send the communication by registered post or by courier service to the society directly instead of relying upon vague or rumours on such issues. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

                  As per the information provided by you, it is evident that the housing society is unregistered, which means that it has no existence in law or has no legal status.Hence, no bye laws, rules or regulations are applicable and a flatowner cannot be forced to pay maintenance.Moreover, such a society can neither be sued or can sue anyone on itself.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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