cooperative society asking for unfair amt for transfer

Querist : Anonymous (Querist) 11 May 2011 This query is : Resolved
Sir,
I had purchased the property in 1990 in terms of ownership from the builder on the 4th floor which was extended to the existing 2 floors ,but he made the agrement in 1998 by showing tenancy being converted into society by paying 100 times rent,in 2003 a member of the society sold of the flat for which as a secretrary a no objection & dues to the society certificate was given by me ,since the formation of the society in 1998&prior to it no property tax has been collected either by the society or the landlord/builder ,now as i intend to sell my flat the committee insists that i pay for the dues not only mine but also for the outgone member who had sold in 2003,i have said that i am willing to pay for the dues on my flat but they arent accepting it & arent giving the no objection cert or transfering the flat in favour of the purchaser.
Is it legally that i have to pay for the outgone members dues as well, is it not that the liability of tax is on the property & not on an individual thus the new member who had bought has to be liable?
do suggest the remedial measure.
Thanking you,

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Guest (Expert) 11 May 2011
Payment of any such charge is subject to the condition if there is any such resolution passed by the general body of the society. If not, they do not have any right to charge even a single penny from you. The society cannot put any restriction to sell your property. You may file a suit against the society for issuing order to the society to issue NOC.

abhay dholakiya (Expert) 11 May 2011
agree with senior that society can not put any restriction on sell of property i saw many cases regarding that the member or person not paying dues first you try to make settelement or discution with secratory of sociaty regarding this issue and if no any way found from it you can give a legal notice to chairman and go for filling suit againnst sociaty

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 May 2011
Old dues are liability on the flat and new occupier can not escape it. Society is justified to take any action to recover the dues.

Querist : Anonymous (Querist) 11 May 2011
thanks for the help

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