NOC
Rahul Jhunjhunwala
(Querist) 27 October 2010
This query is : Resolved
A flat was purchased in thane city of mumbai somewhere in 1989 in the name of my elder sister in law. Even though this property was purchased in single name, there was no partition between me and my brother at that time and both of our family resided in the said property. However after 2-3 years, he shifted to jaipur. We are still residing in the said property which is in the name of my sister in law.Moreover I have obtained a registered power of attorney in my son's name from her,who can now have control and possession over the said property by virtue of POA. our society is asking for leave and licence agreement between me and my sister in law. However according to me I am not the tenant but the caretaker and controller of the property
1. So my query is can society charge us Non occupancy charges?
2. For What period can society charge Non occupancy Charge. Can society charge Non Occupancy Charge from the period since my brother and in law left the property( This is to inform that in past society has never claimed or asked us to pay any non occupancy charges.)
3. Can Society levy any penalty on such dues?
Devajyoti Barman
(Expert) 27 October 2010
The query is posted for the third time.
VENKATESH HEGDE
(Expert) 27 October 2010
dear Mr. Rahul
the socity Can't ask for non occupancy charges & leave and licencee agreement, if at all mention in bye laws. but socity can ask only maintenance charges.This could be paid by anyone.
