• Auction flat with builder dues

I have purchased auction flat and successfully registered and got physical possession 
I'm residing in same flat for last 3 months 

Builder and society are demanding old dues
My sale certificate mentioned no encumbrances 
Builder also not giving me my parking and not allowing me to get society share certificate 

Please advise where to file a case
Asked 5 months ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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8 Answers

You are liable to pay society dues 

 

the defaulter may have not paid society maintenance charges 

 

you are bound to pay said dues 

 

pay dues and obtain share certificate from society and parking g slot 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

the auction sales usually happen on 'as is where and whatever there is basis'

so even if your sale certificate says, no encumbrances, you would still be liable to pay the outstanding dues of the borrower whose property was auctioned in your favour

if you refuse to pay the said dues, then the builder and society can sue you

if the builder is not providing you the parking , then he may be justified since his outstanding dues are not paid

as against the builder you will have to file a suit in the civil court

and as against the society which has refused to issue you a share certificate you can complain to the District Dy. Registrar of Co-operative societies 

Yusuf Rampurawala
Advocate, Mumbai
7678 Answers
79 Consultations

First approach RERA, if jurisdiction issue comes than have to file suit in co - operative society court. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Sometimes, despite the sale certificate stating "no encumbrances," societies may still hold the new owner responsible for any outstanding dues of the previous owner. This situation can be complex and may vary based on specific state laws and society bylaws.

Go through the society by laws for clarification

Gaurav Ahuja
Advocate, Faridabad
75 Answers

Please engage a competent lawyer and ask him/her to serve legal notices on the builder and the society. Depending on their response, file a written complaint with the State RERA authority, and agitate the issue before the consumer forum, in consultation with your lawyer.

Swaminathan Neelakantan
Advocate, Coimbatore
2910 Answers
20 Consultations

Dear Client,

You should file a complaint with the Real Estate Regulatory Authority (RERA) for the issues related to the builder, including the demand for old dues, denial of parking, and withholding the society share certificate. Additionally, you can file a complaint with the Consumer Forum for the same issues, as these fall under deficiency in service. Ensure you provide all relevant documents, including the sale certificate stating no encumbrances.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

The encumbrance and the dues to the society are two different subjects hence do not mix them up.

if the property was purchased by auction then it becomes the duty of the buyer to pay the previous pending dues and of course he can file a suit for recovery of the same from the previous owner because it was he who was supposed to pay them.

Similarly the car parking story also falls on the same line, hence you may better understand the situation and proceed with peaceful living in the society by complying with the legal requirements  

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

- As per law, the bank is under obligation to registered the sale deed of the property with the physical possession , and which you have already received. 

- However, if the previous owner has not paid statutory and non-statutory dues, maintenance charges etc. , of the society , the society can claim from you.

- You can lodge a complaint with the bank which has auctioned the property 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

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