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Recovery of flat maintenance from non member
29-Aug-2023 (In Recovery Law)
In our society one flat is not registered and that flat occupier who is non member of our society had not paid his flat maintenance to society for last 3 years. We want to take legal action against him. So after how much time period we can take legal action against this non member.
The question that need to be answered firs on what basis your society has allowed a non member to reside in the society. the recovery proceeding can be initiated after issuance of appropriate demand notices. Kindly consult me or ant other Advocate for detailed discussion as the perusal of the documents will be required.
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Adv. Raghavendra Mehrotra
Mumbai | 25+ Answers
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My response to your query:
1) send him legal notice that he is not a member and registrar as early as possible and get membership.
2) only after he become member you can ask maintenance or any other claim those recover from members.
3) at present no action can be taken
thank you
1) send him legal notice that he is not a member and registrar as early as possible and get membership.
2) only after he become member you can ask maintenance or any other claim those recover from members.
3) at present no action can be taken
thank you
Helpful?
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Your sentence "one flat is not registered" does not convey a clear meaning. Society can only recover maintenance due for last 3 years (because of Limitation Act). You can't take action against a non member but you can initiate recovery proceeding against the flat.
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