Limitation
dev kapoor
(Querist) 28 May 2012
This query is : Resolved
My bro acquired loan from a Housing Co-operative Society after getting its membership in 1990.He continued to pay instalments.In 2000 he paid some money lum sum as the MD told him that this will end the Loan.He paid this amount in Nov 2000 throgh cheque.He has no NOC.After some years i.e.in 2011, when the then MD had completed his term & left the Society, my Bro recieved a letter (ordinary mail)in which he was asked to pay a sum of Rs.53000/-(Principal+interest due).He did not reply but asked the Account's section that he was no more in arrears.Matter did not proceed.Now,on 15-5-2012 he has again recieved a similar letter but with enhanced amount shown due & a threat of suit.I told him the action against him is not maintainale for recovery of arrears of Loan,as any suit after Six years of the last instalment would bar the civil suit.He is not fully convinced.I seek the advice of experts here so that he can be shown the Opiniion on this site & convinced.
Plz advise.
R.K Nanda
(Expert) 28 May 2012
In ur case though recovery suit is time barred but if any such suit is filed then you have to defend it strongly in court.Society is counting limitation from the date of their letter dated 15/5/12.
ajay sethi
(Expert) 28 May 2012
suit would be barred by limitation . society can claim arrears if any for 3 years
dev kapoor
(Querist) 28 May 2012
Sirs,
Thanks for taking pains.I further request you to cite the relevant law e.g. Art of Limitation Act and/or some relevant jjmnts,if you dont take ill of this personal requezt.
Regards
V R SHROFF
(Expert) 28 May 2012
check for govt regd society it is 8 yrs limitation?
Suhail A.Siddiqui
(Expert) 28 May 2012
Before going into other matter first of all check/ calculate Principal+interest and Payment made by you,to know are u liable to pay any amount or not, on limitation point expert' advise correct check with Act and rule of Society.
Shonee Kapoor
(Expert) 29 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
RAJU O.F.,
(Expert) 05 June 2012
If the property is mortgaged, to the society, time bar is 12 years from date of last execution of mortgage. Anyhow better consult with a local lawyer conversant with housing society matters.
