Unclaimed flat in society
vikas patole
(Querist) 31 October 2012
This query is : Resolved
There is an flat in our society which is locked since last eight years(from the start when building was constructed and sold by builder to the respective buyers in 2004)(society situate in the state of Maharashtra)
one who purchased that flat didn't used this flat from start and not paid the maintenance charges to society and municipal taxes. society and municipal corp. has posted demand notices for their dues but no one came forward and claimed the said flat from last eight years.
And the keys are with the society.
lastly secretary had given that flat to occupy to his friend for six months.
without any rent and without intimation to other members of the society.
once, i told to secretary to use that flat as study room for the kids of all members of society until any claimant come forward (just for taking his opinion):::
and he replied :::: we cant use this flat... and there are so many long and difficult process. we cant do this.(but he can give to use it to his friend without any permission,process, in his sense law does not apply to him, he can do anything as he want as being the secretary)
and the matter is that our Chairman and over smart Secretary are likely usurp that flat.
so what are the powers to society members in this regard and also to municipal corp. to claim its dues?
please help us.
thanks in advance
ajay sethi
(Expert) 31 October 2012
the remedy for society is to make an application for issue of recovery certifcate under secyion 101 of mahrashtra cooperative society act . obtain recovery certifcate against said member . society cannot break open the lock of said flat and use it as it wishes .
ajay sethi
(Expert) 19 July 2013
thanks for your appreciation
