Pending dues of previous owner

Gaurav Gujrati (Querist) 19 February 2014 This query is : Resolved
Sir,
we have purchased one flat in Housing Co-operative society from owner. at the same time housing society issued No Objection Certificate against us saying that all dues have been recovered from the previous owner.
Now, we applied for the transfer of the name to society then Society say that they will not transfer name because there are some dues are pending of the previous owner and it will be recovered from us.

My question is that this is legal and why should we pay amount of the previous owner. ?
Please help

Thanks

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ajay sethi (Expert) 19 February 2014
once society has issued no dues certificate how can they say amounts are outstanding . catch hold of seller . ask him to pay said amount . if he dosent pay you pay amount get flat transferred in your name . issue legal notice to seller and recover amount from him

Gaurav Gujrati (Querist) 19 February 2014
thanks sir,
if we do not pay dues which is pending of the previous owner. may society take any action against us ? because we are not in position to pay dues of the previous owner and we need to transfer name as earliest...

ajay sethi (Expert) 19 February 2014
how much are the dues? see society wont admit you as member unl;ess previous owner dues are cleared . one option complain to registrar . enclose copy of no dues certificate issued by society . registrar may direct society to admit you as member

Gaurav Gujrati (Querist) 19 February 2014
thank you so much sir for advice.
Amount of dues are 40,000.

ajay sethi (Expert) 19 February 2014
society has been grossly negligent . appears secretary of society has colluded with seller to give a no dues certificate . did you not check last maintenance bill of seller ?

have given you the options . now it is your call