elbee barboza (HR Executive) 02 February 2010
Hi,
I intend to purchase a flat in mumbai from a close relative.
This flat has been unoccupied for the past 2 years and a friend had once mentioned that in such cases it is possible to get some rebate from the housing society on the outstanding accumulated maintainance by virtue of non occupany for the said period.
Is such a thing possible and if it is how do i proceed or the same with the society and what is the quantum of rebate that i can claim?
R.R. KRISHNAA (Legal Manager) 03 February 2010
As regards rebate for non occupancy, the society should have rules laid in its bye laws. If there is any rule in the bye law that non occupied flat is eligible for rebate over maintenance, certainly you can approach the society. Even if there is no clause/rule of such kind, society on its powers is entitled to fix a rebate over the maintenance charges.
But if there is any negative clause/rule that there can be no rebate in such matters, you are bound to pay the full amount of maintenance claimed by the society. So it all depends on the rules of the society. Approach the society and discuss the issue in accordance with its rules.
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