illegal demand of society for maintenance prior to possession

873 votes

Thank you for your query. In matters involving unauthorized or illegal demand of maintenance charges prior to possession, it is extremely important to obtain proper legal advice before issuing a notice. Such disputes often involve examination of the Agreement for Sale, RERA provisions, society bye-laws, possession status, and relevant case law. A properly structured legal notice can significantly strengthen your position and prevent future complications. I regularly handle property law disputes including maintenance demands, possession-related issues, builder-society conflicts, and RERA matters, and I am well-versed with the legal framework governing such situations. With respect to your queries: 1. I can offer a fixed professional fee for drafting and issuing a comprehensive legal notice (no per-hearing charges, as this is limited to notice stage). 2. The notice will be issued on my professional letterhead. 3. Reasonable revisions are included to ensure accuracy and alignment with your facts and documents before dispatch. If you wish to proceed, I will require copies of your agreement, demand letters, and possession status details to draft a strong and legally sustainable notice.

Advocate Bhumika Vijay Bajaj LawRato

572 votes

Hello. Firstly, the total fees would be Rupees 3500 for the legal notice to be served via email. The notice will be on my Letterhead, there is no bar on revisions included. Hopefully this should help.

Advocate Malini Jain LawRato

710 votes

Yes, one legal notice can be drafted for illegal pre-possession maintenance demand. Fixed professional fee can be agreed. Notice will be on letterhead. Usually 1–2 revisions included before dispatch as per the concerned provisions of law

Advocate Pankaj Bajaj LawRato

505 votes

Yes, one comprehensive legal notice can be drafted addressing the illegal demand of maintenance prior to possession, with reference to applicable provisions of the Maharashtra Co-operative Societies Act and settled law that charges cannot be levied without lawful basis. Professional fee can be fixed on lump sum basis for drafting and dispatch of notice. The notice will be issued on advocate letterhead. Normally two revisions are included based on documents and instructions provided. No per-hearing charges as this is only for notice stage. Further action, if required, will be discussed separately.

Advocate Vinod Todiwan LawRato