Recovery of maintenance
Reena Satoskar
(Querist) 29 July 2018
This query is : Resolved
Hello,
I live in a cooperative society in Mumbai, we have a defaulter who has not paid maintenance for last 25-30 years , the flat owner has passed away couple decades back. As there was no will the flat didn’t transfer to the children who reside in the property. And they r not willing to pay the dues. Current managing committee has informed that there is no legal course to recover the due. As per society lawyer.
Please guide me through this if there is other way or law to recover .
Dr J C Vashista
(Expert) 30 July 2018
Maintenance can be recovered from present owners as revenue dues. Approach RCS through a local lawyer having knowledge of Co-operative Societies Act and Rules applicable on the subject matter.
What was the society doing for the last 25-30 years?
Reena Satoskar
(Querist) 30 July 2018
The previous committees tried through registrar but no help and also few lawyers were hired but failed to provide solutions. And also the managing committtee was supporting the secretary with regards the defaulters and asking him/ her to handle society affair along with the legal process. So it no cooperation. But inbetween some amount used to be shared but it has stopped for a long time and dues are more than 10 lacs.
Reena Satoskar
(Querist) 30 July 2018
Can the defaulter be tried under section 91 mcs
