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