Dispute between tenant and owner, maintenance arrears pending since year and half to the society.
Person X is husband of Y. The flat is registered in the name of Y. Since the formation of the society the flat has been on rent and the maintenance slips are being given in the name of X. An year and half ago there was a dispute between the tenant and the flat owners(X, Y), the flat is locked all through this period, no maintenance charge has been paid so far to the society. Also when casually informed the owners they say they don't have access to the flat, they might file for a court case on the recent tenants with whom they had dispute. Present condition the flat is vacant since November 2017, the owner is adamant to rectify this case, the society has tried all means (informing the district association), tried reconciling both tenant and owner, but all options seem run out, recently the association in order to name and shame the defaulter on maintenance have posted a notice in the society area in the name of X (husband of the flat owner), now that person X has sent a legal notice of damages to be paid for wrongly posting the notice as he mentions in the notice that he is neither the owner and nor responsible for the said arrears. The society doesn't have any direct address contact other than the address mentioned in the legal notice, also at that address the owner of the flat doesn't live.
To add more twist to this scenario, that said person X enjoyed a membership in the previous executive committee and also all the maintenance receipts are in the name of himself rather than his wife who is the actual legal owner.
I request you to kindly let me know
1. How can i reply to the said legal notice,
2. How to recover the arrears and any development fund to collect for building repairs that might be carried out during the dispute period.
3. Is the husband of the flat owner legally liable for the maintenance dues. If at all the society has put the husband name on the dues notice in the society, will the society be penalised in the eyes of law. Especially when the husband enjoyed a position in the executive committee during last tenure and maintenance receipts so far have been issued in his name.
Related to society member