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sagar jadhav (employee)     02 April 2017

Apartment deed doubts

I have flat in pune

its standalone building ,9 flats only


1) socity is taking maintenace but not giving recipts,I have demanded it many times,how to solve issue?

2) except home loan NOC is not needed from apartment socity

plz correct me if wrong


 13 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 April 2017

Has any kind of Society, Association or any other body been formed for the maintenance and registered? If not, no maintenance can be collected. If authorised to collect maintenance, receipt has to be issued. Pay by cheque only in the name of registered Society/Association or Body. If such cheque payment is accepted do not worry much about the receipt unless you need the receipt for any purpose such as a reimbursement claim. You can also directly pay into the Society's Bank account and hold the chalan as record of payment. 

sagar jadhav (employee)     06 April 2017

thanks sir

how can check body is formed?

also if not body is formed how to sellflat?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 April 2017

Ask the person who is collecting money from you. If he says 'yes' ask him for the name of the Society. If he gives name ask him for the registration certificate. Are you owner of the flat? If so, are you the first owner or did you purchase from a previous owner? If you are owner of the flat you would have automatically come to know whether a Society has been formed. Do not ask piece meal. Give full details. Give all the details which you know.

sagar jadhav (employee)     08 April 2017

Thanks Mr ramani

I bought from builder

agreement to sale done previosly ,then later apartment deed was done


self proclaimed chairman said no to recipts

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 April 2017

A certain minimum number of persons are required to form a co-operative society or a condominium under the Maharashtra Flat Ownership Act. Probably 9 is too small a number for any form of Association other than a Company. One has to adjust between what is practicable and what is legal. A building like yours will have many common expenses. They have to be met for the benefit of all. Does the self-proclaimed chairman accept payment by cheque?  You can form an unregistered Association, give it a name, open an account in the name of the Association and you pay either by cheque or pay directly into the bank account. You discuss this matter with all the other members and find out their opinion.

sagar jadhav (employee)     13 April 2017

so they havent done assosication yet

sagar jadhav (employee)     21 April 2017

so is noc really needed for flat?

also if I refuse to give maiantence as there are no recipts ,what action they can take?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 April 2017

You want NOC for what?   If you do not pay maintenance they can do very little. They can stop any specific service done to you only. For instance if there is arrangement to collect trash from your door-step they can ask the sweeper to stop that. But maintenance services are required and you should avoid confrontation. What are other  members doing? Can you not pay by cheque?

sagar jadhav (employee)     21 April 2017

noc for selling flat


also they did not taking maintence by cheque ,taking cash only

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 April 2017

There is no registered or unregistered association. There are no byelaws. Hence no NOC is required to sell your flat. You are not coming out with all the information. You say that they are not accepting cheque. Is there a separate bank account for the purpose of maintenanance expenditures? What are other members doing? Do they have no complaint? If other members have no complaint what is your problem?

sagar jadhav (employee)     22 April 2017

other members have no issue while giving maintence by cash



also only apartment deed is done with builder and all members


Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 April 2017

 There would be an apartment deed between you and the builder. You can use it to sell your flat.

You are still not giving all the information. Are there two deeds (1) between the builders and all the members together and a second one (2) between the Builder and you. If so you can use the second one to sell your flat. The only criterion should be that the buyer should be willing to pay you and buy the flat. I presume that there is no bank account for the maintenance purpose as such. If other members have no issue what is your problem to continue in the same manner?

sagar jadhav (employee)     25 April 2017

1) apartment deed is done between individually with each member ,seperatly

only single  deed



sorry to miss question earlier


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