co.op so.'s right of letting out members flat

after death of mother even though she had given nomination in my name the co.ho so. refused to transfer the flat in my name in absence of my two sisters NOC since my mother was not absolute owner of the flat it was transferred form my father\'s name to her name. Since my sisters want to harass me the matter is as it is for more than two years and nobody is paying maintenance charges and developments funds. so huge society dues are outstanding Though the block in my possession it is not in my name as such I refused to pay the outstanding dues. Now a member suggested in AGM the society should take possession of our block and rent out to somebody to recover dues of maintenance. Can society act in above manner?

ha21@rediffmail.com Mumbai : 9820174108

1.  Society has no legal jurisdiction to "Take possession and Hire out" the members property to recover its outstanding dues.  It will be a criminal offence, if the Society does this forcefully.

2.  If you are in Sole Possession/Occupation of your Father/Mother's property, it is better to keep paying the Society dues, by Cheque + Covering letter, to create evidence of your Possession/Occupation of your Father/Mother's property.

3.  As far as the transfer of property is concerned, IF the property is in Mumbai, THEN file for "Letter of Administration", before the "testamentary div." of the Mumbai High Court.  This will solve most of your problems.

4.  All the legal heirs of the deceased father/mother will be forced to comply with the HC decree.

Keep Smiling .... Hemant Agarwal




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