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Previous property owner not clearing their due on property


21-Apr-2023 (In Property Law)

Hello, I purchased a property in Jan-16 and the previous owner had dues(prior to deal) towards the Society that they are yet to clear. I have been reminding them to clear the dues however even after 2.5 months they haven't cleared the dues. As a result of late payment charges amount is accumulated in tune of ~50K. While they haven't denied that they owe to pay the required amount but they are not showing seriousness in clearing this due. I have now waited far too long and need to initiate legal proceeding to get them clear the dues. Please let me know what is the best way forward. Thanks

Answers (3)

Answer #1
893 votes
After purchase of the property it is your duty to clear the dues, but since the previous owners have admitted their liability and have been assuring you that they will clear the dues prior to the sale of the property.
Now you may issue a legal notice after clearing these dues, otherwise the society will initiate recovery proceedings against you along with penalty and interest.
Once you have cleared the amount, issue the legal notice through an advocate and claim interest, notice charges, and also litigation expenses if you have to file a suit for recovery of these amounts.
Answer #2
976 votes
Issue Legal Notice to the Vendor to pay the due, failing which you pay in your name and obtain proper receipt in your name and thereafter file Money Suit to recover the same from the Vendor. This is the only option available under the law.
Answer #3
862 votes
no its not right to move in the ways, you should just insist the society people to lodge a complaint against your vendor for non payments of due you can assist them in the said case. you alone cannot file any complaint, its better you advice the society to take action.

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