Non occupancy Charges
Rahul Jhunjhunwala
(Querist) 27 October 2010
This query is : Resolved
A flat was purchased in thane city of mumbai somewhere in 1989 in the name of my elder sister in law. Even though this property was purchased in single name, there was no partition between me and my brother at that time and both of our family resided in the said property. However after 2-3 years, he shifted to jaipur. We are still residing in the said property which is in the name of my sister in law.Moreover I have obtained a registered power of attorney in my son's name from her,who can now have control and possession over the said property by virtue of POA. our society is asking for leave and licence agreement between me and my sister in law. However according to me I am not the tenant but the caretaker and controller of the property
1. So my query is can society charge us Non occupancy charges?
2. For What period can society charge Non occupancy Charge. Can society charge Non Occupancy Charge from the period since my brother and in law left the property( This is to inform that in past society has never claimed or asked us to pay any non occupancy charges.)
3. Can Society levy any penalty on such dues?
Raj Kumar Makkad
(Expert) 27 October 2010
1. No.
2. Not applicable in view of reply of your first query. As you have family relationship and the property had been purchased through joint money of both brothers so there is no need of leave and license agreement and now in the changed circumstances, your son is POA holder on behalf of true owner.
3. No. Even then if society goes on such lines, get it challenge in competent court of law.
Devajyoti Barman
(Expert) 27 October 2010
Only the Rules and Regulations of your Society could provide the details of your query as it only determine the functioning and the charges of the Society.
