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ashu (na)     16 May 2012

Pending society dues by previous owner/seller of d property

i would like to know that who shall be held responsible for the pending society dues (of almost 7.5 lacs) when the owner of the property is no more and his his relatives are not interested in taking the possession/responsibility of the property whatsoever?

since the owner has expired, his sons did not pay the required attention to their responsibilities towards the society including paying dues etc. and now the bank has sealed the property for futher auction/sale.

Now, here i would like to know who will be hold responsible to pay these pending society dues - expired owner?, his sons who care a damn about his fathers property? or the prospective buyer?

what if the society issues NOC to the new buyer without discussing or resolving the issue of pending society dues? (then i think society cant force new purchaser to pay pending dues of previous owner anytime in the future because they issued the NOC!!)

second thing that i want to know whether or not society would negotiate with the prospective buyer to settle the pending dues by the previous owner at some agreed cost - like half of the dues or at some percentage for mutual benefit of the society and the new buyer...?

under what act and section is it mentioned that the pending society dues shall be recovered from the prospective/new buyer? is there anything mentioned under any section of the act reated to this?

i would appreciate if some1 please advise me on this...

i await your responses. many thanks.

ashu.



Learning

 4 Replies

Govind MNM (Legal Advisor)     16 May 2012

The onus of paying the dues of the society lies on the legal heirs of the expired owner.

If there is a nomination which has been done by the expired owner, then the person named as nominee becomes the owner of the property.

Some of the relatives of the expired person has to come forward to give a legal effect to the sale. Till such time, the sale of the property can not take place.

Also, the society will not transfer the name on the share certificate till it recovers the dues.

The prospective buyer does not come into the picture for the dues pending prior to the sale of the house.

ashu (na)     16 May 2012

dear mr govind, thank you for ur reply. i note your comments and further inform that if your consider expired owners sons as nominee, they are not at all interested in this property, they just dont pay no attention to the society's correspondence.
and as i mentioned earlier the property is been sealed by the bank and awaiting to be sold out. so how does it works?

although the property was owned by the owner, it has never ever been used, no one has ever lived there! 

Govind MNM (Legal Advisor)     16 May 2012

Was there any loan pending on the property?

In this case,bank shall carry out the public auction of the sealed property to recover its dues.

If the property fetches some good money that gets generated out of sale, the  dues of the society can be settled out of that money. The society can ever forego some of the charges as an exceptional case.

S Jadhav 98336 98330 (Jadhav & Associates)     16 May 2012

IF the bank is selling you the property as per the SARFAESI Act, then check whether they are doing on "as is where is" basis or whether the sale will be finalised after clearing all the dues on the property.

Then we may be able to give you a better reply.

 

S Jadhav


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