Recovery of dues from the society
prasanna
(Querist) 09 April 2014
This query is : Resolved
we have huge outstandings in the society amounting to Rs.10 lakhs from 3 members.
This has put huge stress on the financial condition of the society and many a month we have no money to make statutory payments.
1.Can we handover the society to registrar because we cannot run due to lack of funds
2.One defaulter has more than 5 members as paying guest and shows police clearance for all the tenants. But she does not take society approval in advance.
3.the secretary of the society has been abused and even physically attacked by these defaulters.
4.Two defaulters are missing for many years and we dont know their whereabouts. Huge money is pending from them.The flats are locked.
Request your guidance for all the above queries. Situation is really bad.
Devajyoti Barman
(Expert) 09 April 2014
Handing over of Society would not help. To recover the dues you may put some restriction on the defaulting members to enjoy some common facilities.
Against the assaulting members , the victim can bring criminal prosecution.
ajay sethi
(Expert) 09 April 2014
take recovery proceedings under section 101 of Mahrashtra cooperative societies act .
prasanna
(Querist) 09 April 2014
Sir
1.What is the procedure for 101 ?
2.One of the flats has been sold to one of the defaulting member.
The seller was a retired magistrate.
He informed the society that transfer of flat is between the buyer and society and seller has no role to play.
The buyer is not transferring the flat to his name and nor he is paying the maintenance and society transfer fees. But he is using that flat and on society record the flat is still in old owners name and and should something go wrong inside the flat, who is responsible ?
Further in regards to my first question on paying guests, can a owner keep 5 or more people as paying guests and they keep changing just like a guest house or a lodge. We see new faces every other day ?
ajay sethi
(Expert) 09 April 2014
1) resolution has to be passed by MC for taking recovery proceedings . issue legal notice to defaulter . then you take recovery proceedings under section 101 of MCS Act . it is summary procedure for recovery of dues .
2)seller has to pay transfer charges and complete all formalities then only flat gets transferred to buyer . as per society records flat is still in name of seller .
he continues to be liable if flat not transferred in name of purchaser on account of non payment of transfer charges .
3)if member keeps PG society permission is must . issue legal notice to member not to keep PG as it is security hazard . also lodge police complaint against said member for failure to carry out police verification and keeping PG without society permission .
ajay sethi
(Expert) 09 April 2014
1) resolution has to be passed by MC for taking recovery proceedings . issue legal notice to defaulter . then you take recovery proceedings under section 101 of MCS Act . it is summary procedure for recovery of dues .
2)seller has to pay transfer charges and complete all formalities then only flat gets transferred to buyer . as per society records flat is still in name of seller .
he continues to be liable if flat not transferred in name of purchaser on account of non payment of transfer charges .
3)if member keeps PG society permission is must . issue legal notice to member not to keep PG as it is security hazard . also lodge police complaint against said member for failure to carry out police verification and keeping PG without society permission .
Sudhir Kumar, Advocate
(Expert) 10 April 2014
repeated
http://www.lawyersclubindia.com/experts/Locked-Flats-465286.asp#.U0Xrv6I1g48
T. Kalaiselvan, Advocate
(Expert) 11 April 2014
