sab1132 (Engineer) 12 February 2009

Housing Society Issue

Hi, I have flat with 5 society shares on my name. As I am out of town for service, one of my relative is staying there just by paying electricity and maintenance charges. Now I want to sell out my flats but my relative is claiming that he is the owner by showing maintenance receipts. My questions are: 1. How society has given the maintenance charge receipts on his name instead of owner names? 2. What are the actions should be taken against society and where to do complaint against society? 3. Is there any section that society should not issue receipts other than owner name and what? Thanks in advance.

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3 Replies

N.K.Assumi (Advocate) 12 February 2009

There is a difference between ownership and possession. Consult a lawyer of your state of your position as the laws differs from state to state in this matter.

H. S. Thukral (Lawyer) 14 February 2009

How the payment of maintenance charges by the resident/tenant/relative shall confer ownership on him? In rent agreements, it is mentioned by the partiesas to who shall pay maintenance charges. If you have documents as to ownership such as share certificate/letter of allotment/possession, your relative can not claim a titile for him.

PALNITKAR V.V. (Lawyer) 17 February 2009

Basically the payment receipts of society charges or maintenance etc do not confer any title on the occupant. You should write to the society not to accept charges etc from them and also not toissue receipts to them. If the society doesnt agree, you may lodge a complaint to the Registrar of Cooperative Societies.