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Non occupation charges

Querist : Anonymous (Querist) 30 March 2023 This query is : Resolved 
Dear sir,
Need your guidance and inputs please.
I have been staying in my fathers flat since last 20 yrs, I have payed maintenance charges for last 20 yrs, my father expired last July 2023, After 6 months society have send me the maintenance bill which includes non occupancy charges. My queries is when i am the son of my father is non occupancy charges applicable to me?

my flat is in the name of my father at present .
please guide.
kavksatyanarayana (Expert) 30 March 2023
As the flat is in your late father's name, it shall be transferred to your name. So you shall pay the transfer charges may be a minimum of Rs.2,500/- to the society. Consult in RERA office for further guidance.
Dr J C Vashista (Expert) 31 March 2023
Whether the deceased left any nomination in the society / will qua the flat left by him ?
Whether the society has policy of charging for "non-occupancy" of the flat ?
It is advisable to consult and engage a local prudent lawyer with relevant records for appreciation of facts, professional advise and necessary proceeding.
T. Kalaiselvan, Advocate (Expert) 31 March 2023
The property was on your deceased father's name.
He is no more living hence the property unless transferred to the names of his successors in interest, shall remain on his name alone.
Since he is not occupying the society might have sent the bills for non occupancy.
First of all you declare to the society that you being the legal heir and the successor in interest to your deceased father, there is no question of the property being not occupied and that you will soon produce the legal heirship certificate and apply for transfer of share certificate to your name. you can take steps for transferring the property to your name or in the names of all the legal heirs of your deceased father after which they cannot demand the extra charges towards maintenance.

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