Society is not issuing any noc for repair and ownership docs
sampat mane
(Querist) 29 March 2019
This query is : Resolved
Dear Sir,
I had purchased a shop in auction property (it was mortgaged with Bank since the buidling's inception) wherein it had society's old liability on it.
This auctioned by the Bank as is whereis basis (which does not include society dues). (This was not known by me due to big mistake from my side.
This shop is in dilapidated condition as it was never put in use due to the mortgage dispute and finally auction process.
Since I have purchased They are demanding society dues with penal interest from the date of building inception ( Pre-society dues ) and post society dues after society formation.
I tried to reason them out to settle this amicably but they insist to pay the dues in full and then start process of transfer for ownership.
What options do I have legally to :
1. Get this settled (both pre-society and post society dues) despite not maintain my property
2. Should I pay off the interest part which they have charged @ 21% till date - Its almost 15 years (6 years pre society and 9 years post society) with the actual bills raised by them
3. Till date they have formed a society but the records are not maintained properly nor issued share certificate.(This came to light when I asked for my principal bill amount and interest applied till date.)
4. Can I go ahead for repairs without the NOC from Society
Any other legal option to avoid delay in getting this property in shape
SAmpat Mane
Bhandup
8828030809
Dr J C Vashista
(Expert) 30 March 2019
You should have verified all facts before auction sale.
However, deposit all outstanding amount.
Kishor Mehta
(Expert) 30 March 2019
Dr. Vashista has adequately responded to your query. I would suggest you to ask for audited accounts of the Society to verify the amount they claim from you. Further you should not commence repairs without written permission of the Society.
P. Venu
(Expert) 30 March 2019
In my view, the Society is over-reaching. You can take up the issue with the Registrar.