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Property Tax & Maintenance Charge on Unsold flats

Querist : Anonymous (Querist) 16 June 2010 This query is : Resolved 
I am owning a flat in a residential complex developed by a builder in Kandivli East, Mumbai. There are total about 500 flats and of this, around 175 to 200 flats have been sold and remaining flats are yet to be sold by the builder. He had taken at the time of booking 18 months maintenance charge along with property tax in advance.
Those who have completed 18 months are now required to pay property tax and maintenance charge as per rate fixed by him since society has not been formed. He has also passed on the tax liability on unsold flats to the occupied flat owners. Is he justified in doing so or can we refuse to pay?
He has also mentioned in the agreement that only one society should be formed for the entire complex. Since we do not know when the remaining flats will be sold, can we form society with the present no of occupied flats? He is also charging maintenance and property tax at the rate of Rs 5.50 per sft. Can we oppose this exhorbitant charge? Pl give your expert opinion.
s.subramanian (Expert) 03 November 2010
Yes. You can challenge.


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