Sir, there are not many documents in present situation. Hence with the consent of heir only FACTS are put up for consideration . Name and address of heir are held up to avoid any harm to heir .
1- building was constructed by a builder from whom people purchased houses and later formed a coop. Society.( tenents copartnership) .The conveyance of building is in the name of society.
2- The father of Heir purchased a house in said society from a member in resale entirely from his own funds .He also became a member of said society.
3-Some where in 1982-1983 , he nominated his only son who was also an associated member for his said house.
4- The member expired in year 1989. Heir made an application for membership in July 1990 on the basis of his being a nominee and also associated membership. Society did not respond .It also stopped accepting and encashing cheques issued by heir.
5- On following up ,society informed that records of nomination was destroyed by white ants, that some amount was due from the deceased member, that associate membership expires with the death of the member.This was in year 1998.
6- Heir submitted copy of 1993 audit report and M.C. report which said that the deceased member had in fact nominated for his house. Society did not respond but ACCEPTED the sole son of the deceased member as HEIR of the deceased member.
7- Now , the society terms heir as " OCCUPANT " of house and claims arrears of outgoings of society with 21% interest compounded at monthly rest. even when it had never passed any resolution to charge interest @21% claiming that no objections from other members for such rate of interest amounts to their consent for it.
Hence the query
1- What is the liability of heir to housing society ?
2- Whether law of limitation 1963 applies in this case ?
3- Whether society can evict heir from the house ?