Recovery of dues under section 101 of marharastra societies

Ritika Ahuja (Querist) 20 December 2018 This query is : Resolved
There is a joint property in Mumbai held by my grandfather and his brother. The dues on the maintenance and other charges have been due for long and now the society says that they would invoke section 101. What is the procedure for recovery and is there an re-course/remedy for us. The members say it would eventually lead to eviction and auction of the property.

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KISHAN DUTT KALASKAR (Expert) 20 December 2018
Dear Sir,

Since the amount demanded from every members and remaining outstanding are brought within the purview of Section 101 vide amendment to the M C S Act 1960 made by Mah. 20 of 1986, vide its s. 52(a) QUOTE: “by a co-operative housing society for the recovery of arrears of its dues”. In this view there is very little scope for defence.

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SHIRISH PAWAR, 7738990900 (Expert) 20 December 2018
You have to pay society's dues. As said society has right to recover the dues by filing application under 101 and later on they can attach and sale the property for recovery of dues.

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