Hello sir,
My grandfather owned a land in suburbs of Mumbai. Our family had two commercial galas in that land too along with some illegal enchroachments. He sold it to a builder and and in the agreement it was mentioned that builder should provide two flats in lieu of those galas (galas and new flats were named after two proprietorship firms) and the owners of flats should have certain benefits that they would pay only municipal tax, electricity and water charges, and no other charge would be payed by them to the new society that would be formed. Also the new society should be formed as per name suggested by him.
But due to builders intention to keep fsi with him he did not form the society and members of society registered a society themselves and started charging us with complete maintainence bills with 21% interest on late payments. He paid municipal taxes separately and also the electricity bills but refused to pay complete maintainence charges. After my grandfather expired my father look after the property and soon after he too expired and now I am supposed to look after it. But now total dues have exceeded 20 lakhs due to excessive interest. We have time and again requested society to waive off interest and we would then pay the pending maintainence charges but society has not agreed. My father had also started paying up complete maintainence charges from 2009 onwards and had told society to settle the dues separately but society deducted the amount from the interest and our dues keep on increasing with time. We have been paying regular maintainence since then except for the pending dues part.
Moreover there was certain amount (Rs. 29,000 with 18% interest) to be paid by builder after completion of the building which he did not pay so the land is still in name of my father and conveyance has not been transferred, Another issue was that it was mentioned in the agreement that registration should be done by the builder which he did not and unfortunately even my grandfather did not do it so agreement is currently unregistered.
Since agreement was unregistered society refused to look into it moreover society also said that it cannot give preferential treatment to anyone and those matters were between landlord and the builder and builder had not communicated any of those terms to the society. So to settle the issue I have now requested the society to freeze the accounts uptill 2009 so that I would not pay interest on payments made after 2009 and had agreed to pay up complete principal amount and 80% of interest and requested society to waive of the rest and the members have fortunately agreed.
Society went to court against the builder and got an order the builder should tranfer the conveyance but he still has not got it from us and court order was not binding on us. But builder still has not approached us for transfer of conveyance,
But the flats are in name of proprietorship firms. Those companies did trading before 1990s and since then nothing has been done and I do not have any documents related to those firms. I wanted to know how should I go about getting the flats in my name.
Also if I am paying up charges to the society can I demand similar amount from the builder since according to our agreement with the builder we were not supposed to pay it. We would tranfer the conveyance only if our pending amount(29,00 with 18% interest p.a.= 6,20,000 approx. as of now) is payed up by the builder but can we withhold transfering of converyance untill he pays up those dues along with the charges which we had to pay to the society ?
Please guide me. I have got various differing opinions from different lawyers on this. While some say we should not have even paid up the amount some say the we are at fault atleast with the society but anyways I did go for settlement but still require some guidance on questions posted above.
