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TN SOCIETY ACT2975&tn apartment ownership rule 1997
16-Jun-2023 (In Property Law)
Dear Sirs,
I have purchased a property (house)from a society registered under TN SOCIETIES ACT 1975. Seller has transferred the same in my name and documents are registered. Now,
Society is demanding Rs. One lakh from me as corpus fund as entry fee as per by- law.
As per TN Apartment ownership rule 1997 the membership gets transferred to the buyer on sale.
Please advice on following Questions:-
1. Is it legal for society under 1975 to demand corpus fund from individual buyers on resale?
2. Can the society deny membership to me/
buyer and include me as defaulter?
3. I purchased this house in 2019 and living in the same house paying all maintenance charges regularly. Demand note/ receipts are still made by the society in the name of previous owner/ seller. Can society cut services to my house on non payment of corpus fund?
4. Can corpus fund be collected any number of times as the number of transaction of the Same property?
You are bona fide purchaser and there is valid deed even if the association file a case on you that is not maintainable as you have valid defence to this further they cannot claim previous due arrears from you
Further you serve the previous owner with the legal notice to pay the due amount of maintenance which he has not payed. Further a recovery suit can be filed by you for the amount in case you pay it you have right to get indemnified by the previous owner
You just serve owner with the notice to pay his dues of maintenance mark the copy of notice to the society also then let association claim it from him if they go against you there is no remedy available to them as it is absolute negligence on their part
Further you serve the previous owner with the legal notice to pay the due amount of maintenance which he has not payed. Further a recovery suit can be filed by you for the amount in case you pay it you have right to get indemnified by the previous owner
You just serve owner with the notice to pay his dues of maintenance mark the copy of notice to the society also then let association claim it from him if they go against you there is no remedy available to them as it is absolute negligence on their part
Helpful?
Adv. Raghuraman Balaji
Chennai | 500+ Answers
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