What to do if Previous owner has not clear some dues?

Q: I purchased a flat in Chennai, which is not in an co-operative housing society. I had checked that previous owner has already paid Property tax, gas bill,electricity bill. But earlier owner has not paid the maintenance bill of nearly 10 months. Now other flat owners are asking me to pay. so what I should do ?

Pavan kumar, Chennai

17th October 2014

Legal in Kolathur, Chennai

legal advice

buying property advice

legal issuse

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Replies (1)

Hi Mr Kumar,
As per my knowledge, neighbors should have collected the maintenance bill from previous owner ,not from you. Now this house belongs to you not to your earlier owner. You are suppose to pay the bills & maintenance charge after being the title holder of the flat. It is not possible for you to clear the dues of previous owner on account of maintenance done by other flat owners.

subramanya, Chennai

17th October 2014

Comment

Yes Subramanya, your above argument is not wrong. It is acceptable because it is also a fact that other flat owners are fixing this amount for maintaining all the flats including yours. It may be not like that they are no doing their work. So I think if you will refuse to pay, then you will not be friendly with them anymore. And may be maintenance work will be interrupt .

VKumar, Chennai

17th October 2014

Hi Mr Pavan,
That's right Mr Kumar, but according to me Mr Pavan should have checked all the details before buying this flat. And secondly he should have discuss with neighbors about the previous owner & good thing , bad thing of the flat. It seems like Mr Pavan went through builder word & purchase the flat . Now Mr pavan ,i think you have 2 ways to deal with this problem. Either you share the dues of the previous owner ,among other owners Or to pass on to you since you have purchased the said flat.

Rama Naidu, Chennai

17th October 2014

@Mr Pavan Kumar,

What i am saying is as it is not a co-operative society flat, it must not have any laws governing the rules of recovery of aerier maintenance charge. If you not pay the money nothing will happen to you legally but there is a chance of other flat owners will go against you. Because they are taking care of flats maintenance by themselves .

Gaurav, Chennai

17th October 2014

Hi Pavan,
In my point of view, it is not a co operative society ,so they don't have the law or authority to recover the dues from you. Well they can ask you to pay the amount from the month you purchased or started staying. Issue them a notice that you are not bound to pay the due money & that due money is not your fault.

Chandra mouli, Chennai

17th October 2014

Hi All,

In my point of view, you must have entered in to registered agreement for purchase of flat with the seller. There is generally a clause in the sale deed that seller identifies buyer against all claims made in respect of the said flat. So issue a legal notice to seller to clear off all old due. In case if he refuses to pay then you can pay the same under protest & recover the same from seller.

Tilak, Chennai

17th October 2014