Short Answer

Limitation for claims like recovery of maintenance is typically calculated based on the time period specified in the relevant laws, such as the Gujarat Cooperative Societies Act, 1961 and Gujarat RERA Act.

Detailed Explanation

Section 123 of the Gujarat Cooperative Societies Act, 1961 deals with the limitation period for filing claims related to cooperative societies. This section states that any suit or application to recover maintenance or other dues from a member of a cooperative society must be filed within three years from the date when the payment becomes due. This means that if a member fails to pay maintenance, the society has three years from the due date to initiate legal action for recovery.

Similarly, Rule 17 of the Gujarat RERA Rules specifies the limitation period for filing complaints related to real estate projects. According to this rule, any complaint regarding defects in workmanship or quality of services must be filed within two years from the date of possession of the property. This ensures that buyers have a limited time frame to raise issues related to maintenance or quality of construction.

In practice, these limitation periods serve as a safeguard for both parties involved. They provide a clear timeline within which legal action must be taken, preventing disputes from lingering indefinitely. For example, if a cooperative society member fails to pay maintenance for several years, the society cannot wait indefinitely to take action but must do so within the prescribed three-year period.

Real-world scenarios often involve disputes between cooperative society members regarding maintenance payments. In such cases, the society can rely on Section 123 of the Gujarat Cooperative Societies Act to enforce timely payment and take legal action if necessary. Similarly, buyers of real estate properties can refer to Rule 17 of the Gujarat RERA Rules to address maintenance issues within the stipulated two-year period after possession.

Overall, the calculation of limitation for claims like recovery of maintenance is crucial in ensuring timely resolution of disputes and upholding the rights of both cooperative societies and property owners.

References

• Gujarat Cooperative Societies Act, 1961: Section 123

• Gujarat RERA Rules: Rule 17