Civil Procedure Code (CPC)

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Shweta (Lawyer)     27 July 2021

Can legal heir be stopped from being owner of flat

‘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.. 

Query:
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



 7 Replies

Dr J C Vashista (Lawyer)     27 July 2021

Question 1 : Yes, the society is well within its power to withhold transfer till payment of outstanding maintenance amount.

Answer to question No 2 is already provided by you in your question which is again affirmative, the society has to recover dues in terms of Section 101 of Maharashtra Cooperative Societies Act, 1960

G.L.N. Prasad (Retired employee.)     27 July 2021

Every prospective buyer first discusses the issue with society while checking the property before purchase, and in the sale deed of flats, in general it is stated that there are no pending  Maintenance charges, Electricity bills, and municipal taxes.  Society first has to issue such legal notice stating all the facts from the beginning and can even demand interest for overdue if stipulated in bye-laws.

Shweta (Lawyer)     27 July 2021

Thanku Sir.. But can the Society initiate proceedings against the legal heir without making them the owners of the flat

G.L.N. Prasad (Retired employee.)     27 July 2021

Certainly, society is bound to demand such outstanding from legal heirs. after the death of the owner. "Ownership" is legal heir's problem, recovery from legal heirs is society's responsibility.

Dr J C Vashista (Lawyer)     28 July 2021

Ms. Sweta,

Title (ownership) can not be granted / transferred by Society.

1 Like

Shweta (Lawyer)     30 July 2021

Thanku very much Sir

P. Venu (Advocate)     04 August 2021

The ownership has already devolved upon the legal heirs by operation pf law.


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