Re : Non Occupancy Charges
Sandeep Joshi
(Querist) 14 October 2010
This query is : Resolved
I wonder, if you can assist me with my below referred query.
Recently my sister & her husband jointly bought a flat on a loan from SBI in Mumbai in a registered co-operative housing society through my wife who holds the registered power of attorney for them. My sister & her husband both work & stay in Oman. My wife carried out all the formalities of bank loan, stamp duty, registration and society formalities and even signing the purchase agreement under the registered power of attorney.
We share very good relations with my sister & her husband. Since, I stay in a rented house, they offered me to move to their house on a free of charges basis. We just moved last week to my sister’s new house and now been approached by society’s manager who told us to show them “Leave & License” agreement. They claim that, since the first owner is your sister’s husband, you will not be considered as family member and hence, you have to have “Leave & License” agreement and they will charge non occupancy charges for that. They further claim that had your sister’s name appeared first before her husband’s name in purchase agreement, we would not have forced you for Leave & License agreement. All committee members know us very well and have never met my sister or her husband till date as they have not even seen the flat yet. Although, I have entered into Leave & License agreement with my sister for her safety, I do not wish to produce it before society unless I am sure what they claim is right. This agreement is on a legal stamp paper, but not registered, signed by all the parties.
My query is:
Is society right in claiming Non occupancy charges.
Whether term “family” does not include brother-in-law for the purpose of calculating Non Occupancy Charges?
Although my sister is a joint holder and society till date has not issued share certificates to their members, can’t she be treated as a joint member of the flat or society? Or she will be treated as associate member.
If society agrees to treat her as a Joint member, will I be able to occupy her flat as a brother or family member?
I thank you in advance for your assistance.
Look forward to your response.
With best regards.
Sandeep Joshi
Mobile : 98210 74613
Arun Kumar Bhagat
(Expert) 14 October 2010
1. Yes society is right in claiming non occupancy cahrges.
2.It does not include.
3. You have to see the rules regarding the term "joint holder".
4. Since she is married and living with her husband, she can not be treated as your family member nor you are her family member.
Chanchal Nag Chowdhury
(Expert) 15 October 2010
It all depends on the rules of the Society.
If the rules allows the Society to charge non occupancy charges, U will have to pay it.
