Non acceptance of maintanance by society

anish (Querist) 28 December 2012 This query is : Resolved
Sir
My father died 11 years back leaving behind a WILL wherein I was appointed as an executor. My younger brother was not of proper conduct so majority of assets were bequeathed to me by my father. As an executor I had intimated about WILL in writing to brother and he had replied that he has no objection to WILL. Accordingly I started acting upon WILL and got assets transferred as per my father’s wish. Probate was not taken because properties were not in any metro city and no one had objected to WILL.
In year 2011, I sold one flat belonging to father in Thane,Maharashtra. Sub registrar had refused to register Sale deed because building had no Occupation Certificate(BU permission) as it was having unauthorized construction in upper floors.
The residents of this building had formed a society years back which is not registered. Titles were never conveyed to society by developer. Only five members (we being one of them) have purchased flats by registered deed from developer. Thus conveyance to proposed society can not be done and society has got no legal standing. title or rights as far as property is concerned. Society is kind of association and merely collects funds for maintenance of building.
My brother has sent a notice to society alleging that since his NOC was not taken society should not transfer flat in name of purchaser to whom I had sold flat. I had sent a letter to society explaining how my brother and society itself has no rights in flat and their NOC carries no legal weight.
For last 11 years I was paying maintenance to proposed society and my name was also in list of occupiers. Now Society is not accepting maintenance charges from new purchaser and also refuses to collect waste etc. and threatens to disconnect water supply, other facility to new occupier. Any letter sent to society by registered AD is never accepted.
1) In such scenario what is remedy if new purchaser wants to live peacefully &enjoy common facility by paying maintenance?
2) Can he complain to police if society threatens to bar him from using common facility of waste disposal, drainage or water?

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