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Shashank Sundar (n.a.)     23 June 2019

Parents property and society maintenance charges

I wish to ask a query on as liability of legal heirs towards society maintenance charges. This is a very typical case of 3 brothers who are legal heirs of their parents property. There are two properties belonging to my parents (owner mother, as per stamp office registration), and only the name of first son or eldest brother appear on all properties. I do not know what right co-operative societies have to put only one name. He (eldest brother) is staying outside India and is not India national. The other brother or middle brother is staying in India, but declines to accept any liability towards maintenance charges. I am the youngest one and I paying all maintenance charges for the last 9 years after expiry of my mother. All societies charge penalty interest if there is payment default from members. Both brothers eldest one and middle brother decline to pay society maintenance charges and claim that "let the property be auctioned by society", for payment default case. Both brother refuse to talk or do anything towards these properties, however if I ask for NOC for releasing their claim, they do not talk or decline. I am retired now, and lesser means of earnings. So question now is can I put any legal against my brothers, who decline to pay society charges. I can not get succession certificate because both brothers decline to come to court to file the application for succession certificate. Please suggest if there is anything I can do to get the properties in my name, for the only reason I can not do anything towards these properties as I am not considered member of the society. It could be simple parking application or some maintenance, One or the properties electric connection is disconnected for payment default. I had paid the charges with penalty but for reconnection electricity board wants signature of all members. Both brothers decline to do anything towards these properties.


Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     25 June 2019

Mr. Shashank!

Going by your statement, it seems your other 2 brothers are well to do and least bothered about the properties of your parents.

They are not looking to invest towards monthly maintenance charges. At the best you can propose to your brother for selling off the property and didive the proceeds received from it or file parition suit in the court to sell it off and receive your share of money.

 

Regards

Adv. Rohit Dalmia

9324538481

Shashank Sundar (n.a.)     25 June 2019

Thanks for your reply, but both my brothers have only one view on these properties that they should get all the proceeds of sale of properties. They donot want to share. I have already stated they are ready to let the properties go in auction and seized by housing society. 

The properties are vacant, closed and unused for past many years. So selling does not work as all three will need to be at one place and with same thought.

As for partition suit, since both will ignore or will not appear in court I do not know what court can decide in such case. 

Thanks,

Shashank


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