Maintenance & property tax goes to 2 different registered society! Kindly guide Maintenance & property tax goes to 2 different registered society! Kindly guide

2 years ago

From 15 years maintenance bills Pending,
Society was in ambiguity , they came to know my registration information around 2016 through RTI, there is a dispute between two wings,

both are different registered society

A wing is SRA, {where my property tax comes , due to technical issues physical structure in A wing , hence MCGM charging to A wing, they are not raising bills I have written letter previously as my registration is in free hold part ie. B WING

Hence neither property tax nor maintenance has been paid till date.

Reasons.
1. There is risk of
double jiopardy dual claimants if I sell property then A wing may raise demands towords maintenance.

2. Multiple unit number of the same property, {in both a and b wing different}

3. Unit no.s not mentioned in share certificate to confirm the authority and has ambiguity of society on it's claim. {They argue their demand is valid as our registration is in B wing and we have used water and Society entrance}

4. Probability of property attachment by MCGM of whole A wing , as they have dues of 31 lacs and even if I am ready to pay property tax to MCGM they said they will attach even if I pay directly as bills are not individualised.

5.No guarantee by society to refund if any situation on dual jiopardy. As NOC authority by b wing,. NDC authority by A wing.

6. Not a single minutes are signed till date by any committee, so without resolution Signed committee has not raised bills but due to pressure from members bills are started raising from 2 to 3 years,

now expected to receive First bill signed by treasurer and secretary , previous.bills have no sign. No resolution Signed, as ambiguity multiple unit no. As Due to above ambiguity.


Moreover society want to charge interest on unresolved matter for which society has not taken any initiative to communicate with MCGM or A wing to sort the dual clemency issue.

Query.

1. Can they charge interest if matter is in dispute as above?

2. Is society eligible to raise interest if there are above ambiguity? Many year's bills are not audited yet.

3. Through letter Can we bind them From raising interest in maintenance bill? to keep it in abbeyance due to Abv disputes? or
puzzling them by asking resolution of different unit number, NOC and NDC clarification and resolution on double jio pardy situations and asking stand of society for refund if A wing doesn't provide us in NDC in event of selling property?

Ps.
Secendly.
1st holder was my Mom , died in 2018, neither transmission nor nomination happened yet, certificate shows my name.
Can they file 101? As not sure about following.
LEGAL HEIR / NOMINEE NOT ADMITTED AS MEMBER
When a member expires keeping a huge of amount of Society dues and the legal heirs / nominees also do not pay the dues nor they become complete the necessary formalities to become the member, in such cases also ยป recovery suit u/s 101 cannot be filed.
refer > https://housingsocietytimes.com/maharashtra-chs-act-9/

Abhimanyu Shandilya

Responded 2 years ago

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A.Quite interesting that since last 15 years the property is having this issue of dual registration to societies and neither the owner nor the society bothered to resolve this until today. Well this is a complicated matter and in all probability seems to end up going to a court because it will not be resolved by the common intervention to of the common men.
Yes the society can raise a recovery suit under Section 101 but which Society will raise in your case is question. Here in your case every action either by Society A or B will be questionable as your flat/apartment belongs to NO MAN'S LAND ZONE. and no one would like to take responsibility but would like to take benefit and charges when they can.
So, either you can move the court to get this resolved or or they move the court you can counter it in the court.
May be you can hire a good lawyer in Mumbai and discuss this to see what best can be done.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Suit for recovery can only be filed by the society in case there is proper paper work for the records by them. As you mentioned in your question. A detailed brief of your case will help better. You should consult a lawyer with your paperwork.

If you find my answer helpful, please rate my answer. Thank you
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Anik

Responded 2 years ago

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A.Hey,
Property Laws differ from state to state. If there is an ambiguity from the side of side of the society and their responsibility is not being discharged by them as required by law and by laws of society then you might not have to pay any interest. You should wait for the society to take any legal action for the payment of maintenance.

As property is transferred from your mother to you and her dues weren't clear unless society is able to prove that delay in payment was intentional from your side till then they cannot file a recovery suit. It is recommended that you consult a lawyer with all your paper works then take his or her advice.

If you find my answer useful, please rate my answer. Thank you
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