Subject and just exception to the terms of your agreement with seller, you are not liable to pay any maintenance prior to the date of your purchase. However, you can pay to the society and can recover the same from ex-owner of the flat.  

Seller does not have clear and marketable title to property 

2) registered sale deed is necessary to confer title to property 

3) further maintenance dues to society has to be paid 

4) don’t purchase the flat 

Hi, Ask your seller to clear the maintenance amount. As the society is operating since 2018, it is the duty of the owner to pay the maintenance. 

As per Section 16 of the West Bengal Ownership Act, 1972 Upon the sale of an apartment, the purchaser of the apartment shall be jointly and severally liable with the vendor for all unpaid assessments against the latter for his share of the common expenses up to the time of the sale. Hence, the demand of the society seeking maintenance for the flat is not illegal.

- The said seller having no right to sell the said flat , as the ownership is with the builder , and after forming the society now it came to society . 

- The sale agreement having no value in the eye of law , and a property on this document cannot be sold and execute in the name of purchaser. 

The seller has to pay the same till date of his possession till he sold you the same

First of all you decide who is your seller, because the seller is not having title to the property purchased, instead the registered sale deed was executed by the builder and not the seller, therefore you cannot demand any dues from the seller. Moreover since your seller was not a title owner hence he cannot become a member of the society, therefore he cannot be held liable for paying maintenance until and unless he had been occupying the property physically.

In the situation, since the property was sold to you by  a registered sale deed you become the owner of the flat, hence you are bound by the bylaws of the society,in that case you have to pay the maintenance of the flat from the date which it was not paid.

As you purchased the property recently, you can pay the full maintenance amount now and can recover the amount prior to your taking over from the builder by issuing a legal demand notice and followed by a money recovery suit against the builder. 

Dear client, 

The maintenance dues and obligations can vary depending on the rules and regulations of the specific society or homeowners association involved. Here are a few points to consider:

Review the society's rules and regulations: Understand the maintenance and billing policies of the society or homeowners association. Typically, the society charges maintenance fees to all flat owners, irrespective of whether they have taken possession or not. Review the society's bylaws or governing documents to determine the extent of the seller's responsibility for maintenance dues.

Examine the sale agreement: Carefully review the sale agreement between you and the seller. It should outline the terms and conditions agreed upon, including any provisions regarding maintenance dues and responsibilities. If the verbal agreement to have the seller pay the maintenance dues is not documented in the sale agreement, it may be challenging to enforce.

Consult a real estate attorney: Seek legal advice from a real estate attorney who can review the relevant documents, including the sale agreement and the society's bylaws. They will be able to provide guidance on the legal options available to you and help determine the best course of action.

Negotiate with the seller: Try to communicate and negotiate with the seller to find a mutually acceptable solution. If there was a verbal agreement between you and the seller, you may consider seeking mediation or alternative dispute resolution to resolve the issue.

Engage the society: Discuss the situation with the society's management committee or office bearers. Provide them with all the relevant documentation and seek clarification on their policies and procedures for maintenance dues. They may be able to provide guidance or assistance in resolving the matter.

Remember, the specific laws and regulations governing maintenance dues and obligations may vary depending on your jurisdiction and the rules of the society or homeowners association. It's crucial to consult with a qualified attorney who can provide advice based on the applicable laws and your specific circumstances.