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Q.

Can Society Charge Maintenance Before Possession?

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31 days

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Let me answer your question: can society charge maintenance before possession? In India, a society generally cannot charge maintenance fees before possession of the property. The responsibility to pay maintenance charges typically begins from the date of possession or the date when the Occupancy Certificate (OC) is issued. 

Here are some key points:

  1. Legal Obligation: The legal obligation to pay maintenance charges arises only when the allottee takes physical possession of the property or when the OC is issued, whichever is earlier.

  2. Contractual Agreement: The terms regarding maintenance charges should be clearly mentioned in the buyer's agreement. If the agreement states that maintenance charges are applicable from a certain date, then the buyer is bound by those terms.

  3. Consumer Rights: If a society insists on charging maintenance fees before possession without a clear contractual basis, the allottee can challenge this in consumer court.

I hope this helps!

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