‘A’, the sole owner of the flat situated in CHS in Suburban Mumbai expires without leaving any nomination or WILL.. But at the same time there is huge outstanding of close to 4 Lakh on the flat which the owner has failed to pay.. Now the legal heirs have applied for transfer of flat to their name.. They have completed all the formalities required for transfer of the flat.. But the legal heirs state that they have no money to pay the maintenance and hence they would clear the outstanding when they sell the flat which they have been saying since the owner of the flat had been alive.. But they have no intention of selling as the society is hearing this story since past 4-5 years..
1) Can the Society hold the transfer till the legal heirs clear the outstanding dues towards the Society Maintenance despite all their transfer papers are in order
2) The Society intends to file 101 suit against the legal heirs.. Can the Society do it without transferring the flat to the legal heirs ( by merely making them a party and not owners to the suit).. If yes then under which provision
PS: The Society is deliberately holding back the transfer as they know that once they transfer they will not be able to pressurise the family to pay up..
Thanks & Regards