I have a property in Pune which is registered in my name but not taken possession due to dispute with builder. Do I need to pay the maintenance? I have a property in Pune which is registered in my name but not taken possession due to dispute with builder. Do I need to pay the maintenance?

2 years ago

I have a property in Pune which is registered in my name. However, due to some dispute with builder, I have not taken the possession yet. The society has been created and society is asking me for maintenance dues and have not sent a notice too. Please guide under Maharashtra rules.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Immediately take the possession either directly or approaching the Civil Court by filing a suit for recovery of possession or suit for mandatory injunction. The Society cannot claim maintenance since you are not in physical possession and also not enjoying the property.


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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap ko maharashtra ke advocate se contact karna hoga. Kyon ki vo aap ke state ke rules or law ko achhi trah se jaante hai.
Vaise jab aap ke naam par sale deed ho chuka hai to aap society ke sadasy to ban gae hai. Isliye aap ko maintenance bhi dena hoga.
Meri opinion me aap ko maintenance dena hoga.
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Anik

Responded 2 years ago

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A.Hi,
If you are yet to take the possession of the property, then under such circumstances, it is the builder who is liable to pay all the maintenance dues. You need to pay the maintenance from the day you take the possession.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The builder would be liable to pay the maintenance dues, as you have not taken the possession yet. You will only be liable to pay the maintenance dues, once you have taken the possession of the property.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Maharashtra Real Estate Regulatory Authority (“MahaRERA”) has ruled against builders asking them not to charge maintenance fees to those buildings which have not received an Occupancy Certificate( OC ) and to those buyers who do not take possession.
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