Liability of heir to housing society

Scientist/Engineer

You are only repeating the query again and again with a blind for whatever I am saying. You are making complicated what is otherwise simple. If you only want answer to your 3 questions I am repeating them here.

- What is the liability of heir to housing society ? 

Nothing.

2- Whether law of limitation 1963 applies in this case ? 

No

3- Whether society can evict heir from the house ? 

Yes. For occupying the flat as a non-member. But the case will go on and on.

 
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Scientist/Engineer

Further answer to question No.3:. And the pretender will have to have to go on spending money to resist eviction. If he doen't want to spend money and doesn't contest, the court can take ex-parte decision to evict him.

 
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RETIRED JUDICIAL OFFICER

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email for detailed legal advise.  

With regards,

Kishan Dutt Kalaskar
 

 
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RETIRED JUDICIAL OFFICER

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email for detailed legal advise.

 

With regards,

Kishan Dutt Kalaskar

 
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ha21@rediffmail.com Mumbai : 9820174108

INTROSPECT ON THIS:
1.  In a Tenant-Ownership (TC) type Society u/s 2(16), the Society is constituted ONLY for "common amenities & services".  PERIOD.

2.  By virtue of the above, the Society has no legal jurisdiction to evict ANYBODY AT ANY TIME, for ANY reason, to the exception of filinig recovery proceedings u/s 101, and consequently leading to "Auction" of the property, to the extent of the outstanding amount of Society against the Flat, irrespective of the status of the occupant of the flat.

3. Recovery Proceedings against a deceased property (in the mentioned circumstances) is limited to previous Six years.  This is limited to only the Principal Amount and not Interest. Similarly claim, as Nominee, over the society membership (and not title-ownership)  is also time-barred, to the exception of obtaining a Letter of Administration from the state High Court.

4.  IF matter was documentarily brought to the attention of the Registrar of Cooperatives and he did not suo-motto initiate recovery proceedings u/s 101(2), THEN the Registrar has no jurisdiction remaining to hear the 101 matter and the matter must compulsorily be remanded to the coop. court, for proper adjudiction.

5.  The "querist" MUST take note that NOTHING would move at the whims & fancies of the said Legal Heir, irrespective of the health status, when he mentions that he does not want to go legal and wants things settle amicably.  In a democracy, NOTHING is settled amicably, which is evident from the crores and crores of litigations pending since ages in the various courts.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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Scientist/Engineer

Nothing has happened here for the past 8 months. Is the original person who asked still waiting for advices here? If a debate is dormant for months it should be ignored.

 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
Nothing has happened here for the past 8 months. Is the original person who asked still waiting for advices here? If a debate is dormant for months it should be ignored.

Keep your suggestions to yourself.

Anybody may post, ANYTIME, at his whims and fancies.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

 
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Sir , neither society nor Registrar of coop soc. Have initiated proceedings under sec 101 or sec 101 (2) of act . But society had moved Co-op court  against HEIR  under sec 91 of the act .The advocate of heir put up defence a) Associate membership of heir doesnot expire with the death of original member  and b) under sec 92 of act heir is liable to pay dues for only 6 years period preceeding the date of filing the dispute .and not from sep.1989 when the member expired .       But the court had rejected both the submissions saying though the associate membership of heir expired in Sep . 1989 with the death of original member , since he has said that it ( Associate membership ) continues even after death of original member he ( heir ) is liable  to pay the entire emount ( from dec. 1987 onwards ) with 21% interest from date of filing of the dispute by the society till the date of it's payment . 

This is much against the advices received on this forum . Heir has been advised by his advocate to approach higher court for relief or pay the amount ordered by the Coop court . 

 
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No advice so far . Dr m s ramani said that heir has no liability towards housing society . Coop court held it otherwise. Hemant Aggarwal ji said that resident is liable to pay under sec 101 of act irrespective of his status & liability is for 6 years and for principal amount only .  But sec 92 of act covers only such cases filed under sec 91 and not under sec 101 .  Hence liabbility would be for only 3 years from date 3 years prior to filing of dispute .  But the advocate of heir says that heir is not the persons as required under sec 91 of act  hence dispute doesnot come under jurisdiction of the coop court and court should have dismissed it on grounds of lack of jurisdicton .. heir is confused. What is the correct position ? 

 
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No advice so far . Dr m s ramani said that heir has no liability towards housing society . Coop court held it otherwise. Hemant Aggarwal ji said that resident is liable to pay under sec 101 of act irrespective of his status & liability is for 6 years and for principal amount only .  But sec 92 of act covers only such cases filed under sec 91 and not under sec 101 .  Hence liabbility would be for only 3 years from date 3 years prior to filing of dispute .  But the advocate of heir says that heir is not the persons as required under sec 91 of act  hence dispute doesnot come under jurisdiction of the coop court and court should have dismissed it on grounds of lack of jurisdicton .. heir is confused. What is the correct position ? 

 
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