Short Answer

The responsibility for paying future maintenance after selling your flat typically falls on the new owner.

Detailed Explanation

Section 27 of the Gujarat Cooperative Societies Act, 1961 addresses the issue of transfer of shares and interest of a member. When you sell your flat, the new owner usually takes over your rights and responsibilities as a member of the cooperative society, including the obligation to pay maintenance charges. This means that the new owner becomes responsible for paying future maintenance fees.

Furthermore, Rule 107 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the maintenance charges payable by members. It states that every member shall pay maintenance charges as determined by the general body of the society. Therefore, once the ownership of the flat is transferred to the new owner, they are required to comply with the maintenance payment obligations set by the society.

In practice, the transfer of ownership is typically accompanied by a formal agreement or deed of assignment that outlines the responsibilities of the new owner, including the payment of maintenance charges. The society may also update its records to reflect the change in ownership and communicate the new payment obligations to the new owner.

Real-world Scenarios

• Scenario 1: Mr. Patel sells his flat in a cooperative society to Ms. Shah. As per the transfer agreement, Ms. Shah agrees to take over all rights and responsibilities of the membership, including the payment of maintenance charges.

• Scenario 2: After selling his flat, Mr. Desai fails to inform the society about the change in ownership. As a result, he continues to receive maintenance bills. The society informs Mr. Desai that the new owner is now responsible for the payments.

Reference

• Section 27 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 107 of the Gujarat Cooperative Societies Rules, 1965: Official PDF