Neville Krishnaswamy (Analyst) 06 January 2014

Parking issue

Hi All,

I have 2 flats in the building, one belonging to my mother who has passed away and the other to my grandmother who has also passed away. The society has not made us members since inception of the society. The property stands in the name of my late grandmother and the conveyance has not been completed as we have a pending dispute with the builder.

1) My grandmother and mother have not paid the maintainence dues since 1987 as we were not made members. However now the society claims that the overdues are now amounting to 35 lakhs. 12 being the actual and the rest of it interest. I want to become a member of the society but i am not able to pay the amount of 35 lakhs. What do i do next to get membership?

2) Also now they are saying i cannot park my car in the building. Since the property is yet on my grandmothers name, is the society authorised to raise an objection to my parking?

Please advice. Thanks

Nev

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5 Replies

Avadhesh Paliwal (advocate) 11 January 2014

you should immidiately file a suit against for threatening to live in your propery or you can call the police urgently because no builder can take the parking amount 35 lacs.....

Neville Krishnaswamy (Analyst) 11 January 2014

Dear Avadhesh,

Thanks for the reply.

What about becoming a member. How do I go about that? The society states that the outstanding is 35 lakhs. We havent been made members since inception. Am i liable to pay all the amount?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 25 January 2014

Where in India is your Society?

Neville Krishnaswamy (Analyst) 25 January 2014

In Mumbai, Andheri W

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 26 January 2014

Has the dispute with the builder been resolved? Had your mother and grandmother been admitted as members before their deaths? If they had not been admitted as members, they would not have been able to make any nomination. Had they made any Will? Are you the only natural heir of your grandmother and your mother?

You have not stated anything about your dispute with the Builder. Unless and until you have been admitted as a member of the Society, the Society is within its rights to refuse you permission to park your car.

If the dispute with the Builder is still unresolved, you can go to the Consumer Court. In another case against a Co-operative Housing Society, which is similar to yours, the Maharashtra State Consumer Commission has given judgment in favour of the prospective member.