Unregistered-agreement for sale
SANDEEP
(Querist) 07 May 2012
This query is : Resolved
Dear Experts, We are new members of registered co op hsg socieity which was formed in year 1995. As a chairman of new managing committee I revealed that founder member cum chief promoter of society (as the builder / developer had left the building unconstructed) had completed the building with consent of society members at then duly completing all the required legal procedures and obtained building completion certificate.The indiviual i.e. chief promoter holds two flats in our society but has only one agreement for sale and not ready to pay society charges for 2 flats. He does not attend society GB & SGB meeting in which the resoltions are passed to levy society charges for 2 flats and completely stopped paying monthly charges since last 8 months. Also society records (handed over by him to the new committee) shows his agreement for sale is not registered. On contrary he had issued a legal notice to the chairman of society not charge the levy on two flats. Our managing committee had also replied & isued him legal notice through advocate high court for payment of society charges for 2 flats and submit photocopy of Registered agreement for sale. As on date his due with socity had crossed Rs. 50000/-What should be our next step?
Can the individual be charged by the society for payment of legal fees required to be paid for legal proceedings (since Dy.Registrar co societies has objected for the same)?
ajay sethi
(Expert) 07 May 2012
adopt recovery proceedings under section 101 of mahrashtra cooperative socieites act
you hav eto pass resolution for intitaing legal proceedings against him for recovery of principal amount . together with interest
Deepak Nair
(Expert) 07 May 2012
Agree with the advose of Mr.Sethi.
Shonee Kapoor
(Expert) 08 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 08 May 2012
BEST SGGESTIONS ALREADY GIVEN
PASS RESOLUTION & RECOIVER DUES THRU 101 PROCEDURE.
R.K Nanda
(Expert) 10 May 2012
No more to add.