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Ronnie   16 August 2017

Maintenance Charge of A flat under case

Dear,

Not sure if my question is in the right forum, please advice if not !

This question is basically to support the MC members of an association that is a 72 flat tower in Kochi.

We have an issue with one flat that is still not handed over to the tenant as he has filed a legal case against the builder.Hence from the time of the association is formed the maintenance charges has not been collected eithe from the owner or the builder.Owner claims that he has not been handed over the documents or the keys as it is still under case and builder too has not taken any intiative to personally settle this on a volunteer note understanding that this flat is under a case.

So my question to the experts is, at this point who is the actual person to pay? the builder or the owner at the time of hand over,

if so will he pay from the start of registering?

since this question is in doubt hope someone can throw some valid point here

 

Thanks

r/a

 



Learning

 2 Replies

Siddharth Srivastava (Advocate)     16 August 2017

Presently since the falt is within the possession of builder so it is the liability of builder to pay the maintenance and if in future the person claiming ownership succeeded then from the date of taking possession he shall be liable to pay the maintenance. 

Ronnie   16 August 2017

Thank you very much Sir for your assistance and speedy reply.


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