Sir/Madam,
As a Junior Lawyer i am asking this query.
I have just got a matter by a co op housing soceity which is in Nalla Sopara, Thane, Maharashtra. Details are as follows :
A unmarried female purchased a flat in the society. She was paying the monthly maintenence regularly. However she didnt pay the Municipality Tax over a period of years due to which the municipality moved the court and sealed the property. Now the situation is since last 4-5 years the soceity is not getting any monthly maintanence and it has shot upto 75,000/-. The lady itself is untraceable since 5 years.
Now can the society file a case in the court of law that they require the maintencence from the municipality or by taking out a warrant against the lady and recover the dues, since the earlier persons who were the secretary and chairman did not take interest. Is it possible by taking the courts permission and making a suitable adverstisement in the newspapers can the soceity sell the flat and recover the due amount and surrendering the balance amt in the custody of the court.
Pls let me know what kind of suit should we file so that we can receive the claim and which act and sections.
Regards,
Nitin P Kotian
9819007158
