LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

It has been more than a year I have ac­quired membership in a co­op­er­a­tive group hous­ing so­ci­ety in Delhi. The man­age­ment com­mit­tee is now de­mand­ing pay­ment of money to­wards com­mon good fund from me. Is this charge valid?

—Jatin As per Delhi Co­op­er­a­tive So­ci­eties Rules, 2007, a trans­fer fee of ₹ 500 is charged to­wards com­mon good fund at the time of ap­pli­ca­tion of membership. No fur­ther pay­ment to­wards com­mon good fund can be de­manded by the hous­ing so­ci­ety. I have mort­gaged one of my prop­er­ties sit­u­ated in Gur­gaon for a loan bor­rowed from a lender. I have also mort­gaged my other prop­erty sit­u­ated in Delhi against an­other sep­a­rate loan that is bor­rowed from the same lender. I have re­paid the amount due to­wards the prop­erty mort­gaged in Gur­gaon. De­spite that, the lender has re­fused to de­liver the mort­gage deed and all orig­i­nal doc­u­ments re­lat­ing to my prop­erty in Gur­gaon which are in his pos­ses­sion till I re­pay the amount due against my other prop­erty in Delhi. Is the lender/ mort­gagee al­lowed to re­tain the same?

—LN Tiwari As per the ap­pli­ca­ble law, the lender/mort­gagee un­less agreed oth­er­wise, can­not deny your right to take de­liv­ery of the mort­gage deed and all orig­i­nal doc­u­ments re­lat­ing to the mort­gaged prop­erty on re­pay­ment of the amount due to­wards ei­ther of the mort­gages ex­e­cuted in favour of the same lender/ mort­gagee. There­fore, the mort­gager is li­able to re­turn the mort­gage deed and all doc­u­ments re­lat­ing to the prop­erty sit­u­ated in Gur­gaon. Due to cer­tain dis­pute, my fam­ily has ex­cluded me from my share in the joint fam­ily prop­erty. Now I wish to file a suit for my share in the joint fam­ily prop­erty. Is there any lim­i­ta­tion pe­riod for the same?

—Lalit Goyal As per the ap­pli­ca­ble law, a pe­riod of 12 years to file the afore­men­tioned suit be­gins to run from the time the ex­clu­sion from the joint fam­ily prop­erty be­comes known to you.

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