Unoccupied flat for more than 5 years

Saurav Agarwal (Querist) 07 April 2023 This query is : Resolved
In my building of 8 flats, 1 flat is left vacant for more than 5 years. The old lady who was staying died and is survived by 2 daughters - 1 in Kolkata & 1 in USA. Due to inheritance dispute, the flat is unoccupied.Nobody is paying maintenance and also it is ruining causing trouble to other flat owners of the building. What should other flat owners do?

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A building's residents are concerned about a flat left vacant for over five years due to an inheritance dispute between the deceased owner's daughters. This has led to unpaid maintenance and concerns about the property's condition impacting other residents. The society can issue legal notices to the heirs for unpaid maintenance, following the relevant state laws for recovery.

kavksatyanarayana (Expert) 07 April 2023
The committee of the society shall send notice to the nominee and legal heirs.

T. Kalaiselvan, Advocate (Expert) 08 April 2023
The unoccupied flat will not cause any harm to the neighboring flats.
What is the reason that the non occupation of the flat is causing trouble to the neighbors.
How is it ruining?
If the maintenance amount has not been paid then the society can issue a legal notice demanding the same to the legal heirs of the deceased.
It should be remembered that the flat belongs to the flat owner or his successors in interest.
If the society is concerned in non payment of maintenance amount, then it should follow the legal process for recovery.

P. Venu (Expert) 14 April 2023
Any suggestion depends upon the provisions of law as in force in the State.

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