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Ganesh   06 December 2023

Housing society

I bought a flat and our society is not registered. Now the society members are saying to pay the dues of the previous flat owner. They are saying that you didn't took the NOC and bought the flat. 3-4 flats have the same case and all the previous owners of these flats had some issues with the person who collected the maintenance. Now society is saying we will register the society as per law and then we will go for recovery.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     06 December 2023

The unregistered society cannot demand maintenance because it has no locus standi to demand maintenance from the current owner towards the dues of the previous owner.

You can refuse to pay, let them take legal action, which again may not be maintainable, because the unregistered society cannot sue anyone 

Ganesh   07 December 2023

Thank you sir for your precious answer, just one question more..if the society gets registered now , will I have to pay the maintenance of the previous owner ? Because the dues are of the time when society was not registered and merely they used to collect maintenance and write it in a notebook/balance sheet...

Dr. J C Vashista (Advocate and Legal Consultant)     09 December 2023

It cannot be termed as a "Society" till it is registered with concerned authority.

Such society (if any) can neither sue nor be sued as it has not locus standi.


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