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Haresh jamnu (GM)     28 May 2012

Society maintenance

My father's apartment in Mumbai has been given to me by way of my will of my father.  We also have a probate on the will.  My father had also nominated me as the sole nominee.  When the society did not transfer tthe flat in my name, i approached the Registrar and got an order u/s 22(2) of MCS.  The society neither contested the order not implemented it. In the meanwhile, my uncle filed a suit making me as the defendent and the society as the respondent.  He tried to contest te probate but lost in Mumbai high court.  The society has sent me a demand letter asking for money to appoint lawyer to fight the case by my uncle.  When we refused, they are showing this as outstanding against Maintenance charges and are refusing to provide any maintenance.  Some one advised me to approach Registrar and get notice u/s 79 of MCS issued against society. This also is done.  Can the society penalize me for the deeds of my uncle.   



Learning

 1 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     28 May 2012

whoever advised you u/s 79 is true and correct advise. 

Legal charges are to be born by all members. as per bye laws. 

The Society have to maintain your flat too. 


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