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Recovery of Society dues under section 101


09-Jul-2023 (In Recovery Law)
I stay in the flat which is registered with my brothers name,and my brother is no more right now. So can they seal/attach the flat u/s 101 MCS act 1960? If they take any action against me,how can I defend it ?
Answers (3)

Answer #1
555 votes
It appears that flat is jointly owned by you and our brother. Bank can attach right, title and interest of the Borrower even if your brother is not residing with you. What best you can do is get his transferred in your name.
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Answer #2
853 votes
They best way to deal with this problem is pay whatever maintenance amount they are want. This is because the law related to co-operative societies somewhere intends that the dues to co-operative societies shall not remain unpaid otherwise wouldn't function. If you have any dispute as to the amount being charged then prefer a separate action before appropriate forum (in my opinion co-operative court). Even if you were to go against the Recovery Certificate granted in the 101 proceeding section 154 requires to pay 50% of the amount for the complaint to be entertained.

Answer #3
834 votes
As per your query Recovery of Society dues under section 101?
Society has every right to recover dues you hav to pay all dues if any. And hav to obtain haireship certificate from court to create right in your brothers property. Legal hairs of your brother has right to obtain said property.

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