Son of Defaulter can buy flat in same society
Pendhari
(Querist) 14 October 2016
This query is : Resolved
In our society, one member is not paying dues before society was formed but paying the dues after society is formed. He is planning to buy another flat on his son name. How to stop this? How we can ensure he clears the dues first.
Sudhir Kumar, Advocate
(Expert) 14 October 2016
read society Constitution.
You said he is paying dues then how he is defaulter.
P. Venu
(Expert) 14 October 2016
Maybe the member is at fault. But the society or the managing committee or its members cannot overreach to his son.
Hemant Agarwal
(Expert) 14 October 2016
1. A Society has no legal jurisdiction to recover any money "prior to its date of registration", irrespective of any criteria.
2. It would be illegal and also a criminal offence to restrict anybody for purchasing property in the Society premises, irrespective of any pending dues or whatever of whosoever.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 14 October 2016
Son is nothing to do with the liability in the name of father when father is alive.
Father and son are separate units, son can not be stopped to purchase property even if father is defaulter, which is not so in this case.
Pending dues towards any member can not be recovered by society if these pertains before the formation of society.
Kumar Doab
(Expert) 14 October 2016
Expert Mr. Hemant Agarwal has illustrated the position.
Kumar Doab
(Expert) 14 October 2016
Agreed with Expert Mr. Agarwal, Mr. Venu, Mr. Goyal.
The author may respond to the point raised by Mr. Goyal.
Dr J C Vashista
(Expert) 16 October 2016
Well advised by experts, nothing more to add.
The society do not have any right/ authority to stop son from purchase of flat in the society despite the fact that father did not pay (not defaulter) some alleged dues, (that too before formation of society) which has no legal authority to recover.
