LLP Society Dispute Case raises a familiar set of questions: who has to sign, what has to be checked, where the matter is decided and what it will involve. This page answers them. The firm of Advocate B.K. Singh handles this work from offices in Dwarka, New Delhi and Vaishali, Ghaziabad.
In short. A society dispute case is usually decided by the body the law names for that type of society. Cooperative housing society disputes go to the Registrar of Cooperative Societies for decision or arbitration, with appeal to the cooperative tribunal. RWA and apartment association disputes go to the civil court, the Registrar of Societies for election issues, RERA or the consumer commission against builders, and the municipal authority for unauthorised construction.
Disputes with a housing society or residents' body are among the most common property disputes in Delhi NCR. They are about maintenance charges, refusal of a transfer NOC, parking, use of common areas, elections, water or power cut off for dues, unauthorised alterations, and the builder's failure to hand over the common areas. The amounts can look small next to a title suit, but the disputes affect daily life and the value and saleability of the property.
The first question in any society dispute case is not who is right but what kind of society it is. A cooperative group housing society, an RWA registered under the Societies Registration Act, an apartment owners association under a state apartment law, a builder's maintenance agency and a society that itself owns a school or hospital are governed by different laws and go to different forums. This page explains each, the usual dispute types, the procedure and documents, time limits, and how the answer changes for a flat, a builder floor, a villa, a shop, an industrial unit or land.
- Law
- State cooperative societies laws (Delhi Cooperative Societies Act 2003, UP Cooperative Societies Act 1965, Haryana Cooperative Societies Act 1984), Societies Registration Act 1860, state apartment ownership laws, RERA 2016, Code of Civil Procedure 1908
- Forum
- Registrar of Cooperative Societies and cooperative tribunal for cooperative societies; civil court for RWAs and associations; Registrar of Societies for registration and election issues; RERA or consumer commission against builders; municipal body for building violations
- Time limit
- Depends on the forum: cooperative laws prescribe their own limitation for disputes; civil suits follow the Limitation Act (3 years for most claims and injunction-based relief, 12 years for possession on title); appeals usually 30 to 60 days
- Documents
- Allotment or sale deed, share certificate, bye-laws, maintenance bills and receipts, correspondence with the committee, general body resolutions, society notices, photographs
- Who can file
- A member or owner, an occupant affected, the society or association itself, a group of members, a bank holding a charge, or the society against a member
- Interim relief
- Temporary injunction under Order 39 in a civil suit; interim orders by the Registrar, arbitrator or tribunal in cooperative disputes
What a society dispute case covers
A society dispute case is any legal proceeding between a member or owner and the body that manages the property, between members, between factions of the managing body, or between the society and the builder, a bank or an authority. It covers both residential complexes and non-residential ones: commercial complexes with a traders' association, industrial estates with an owners' association, plotted colonies with an RWA, villa and farmhouse societies, and land held by a house-building cooperative society.
Most society disputes are about money, access or control. Money disputes are about maintenance, sinking fund, transfer fees, non-occupancy charges and penalties. Access disputes are about parking, terraces, basements, gates and amenities. Control disputes are about elections, the managing committee's powers, expulsion and handover from the builder. Many cases combine all three, and the forum you choose depends on which claim leads.
Which body hears a society dispute
| Type of body | Governing law | Where disputes usually go |
|---|---|---|
| Cooperative group housing society (CGHS) in Delhi | Delhi Cooperative Societies Act 2003 and Rules 2007 | Registrar of Cooperative Societies, Delhi, by reference to arbitration under sections 70 and 71; appeal to the Delhi Cooperative Tribunal (section 112); civil court jurisdiction barred for such disputes (section 132) |
| Cooperative housing society in UP or Haryana | UP Cooperative Societies Act 1965; Haryana Cooperative Societies Act 1984 | Registrar or the officer or arbitrator appointed by the Registrar; appeal and revision under the state Act |
| RWA of a colony or apartment complex | Societies Registration Act 1860 (with state amendments) and its own bye-laws | Civil court for injunction, recovery and declaration; Registrar of Societies for registration, bye-law and election matters |
| Apartment owners association | UP Apartment Act 2010, Delhi Apartment Ownership Act 1986, Haryana Apartment Ownership Act 1983 | Civil court, with specific matters before the development authority or competent authority under the state Act |
| Builder or maintenance agency running the complex | RERA 2016, Consumer Protection Act 2019, the agreement for sale | RERA authority or consumer commission; civil court for injunction and contract claims |
| Society that owns an institution (school, hospital, hostel) | Societies Registration Act and its memorandum and rules | Civil court for control of property and office; Registrar of Societies for registration and election disputes |
The laws behind society disputes
Delhi Cooperative Societies Act 2003
Disputes touching the constitution, management or business of a cooperative society, including disputes between members and the society, are referred to arbitration through the Registrar (sections 70 and 71), and civil and revenue courts are barred from entertaining them (section 132). Appeals go to the Delhi Cooperative Tribunal (section 112). The Act has separate provisions for housing societies on nomination, transfer of a member's interest and permission for transfer of occupancy rights, and the Delhi Cooperative Societies Rules 2007 fill in the procedure.
UP and Haryana cooperative laws
The UP Cooperative Societies Act 1965 and the Haryana Cooperative Societies Act 1984 follow the same pattern: disputes touching the business of a society are decided by the Registrar or an arbitrator appointed by the Registrar, with appeal and revision inside the cooperative system. Check the current section and limitation in the state Act before filing, because both have been amended over the years.
Societies Registration Act 1860
Most RWAs, market associations and institutional societies are registered under this Act. It deals with registration, bye-laws, annual lists of the managing body and dissolution, but it does not create a tribunal for ordinary disputes. In Uttar Pradesh, section 25 as amended lets a prescribed authority decide disputes about the election or continuance in office of office-bearers on reference by the Registrar or by one-fourth of the members. Other disputes go to the civil court.
State apartment ownership laws
The UP Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010, the Delhi Apartment Ownership Act 1986 and the Haryana Apartment Ownership Act 1983 give each apartment owner an undivided interest in the common areas, require an association of owners, and govern the declaration and bye-laws. The UP Act provides an appeal to the development authority against certain actions, but not a forum for every everyday grievance.
RERA 2016, sections 11(4) and 17
The promoter must enable formation of an association of allottees and must maintain essential services until the association takes over (section 11(4)). It must execute a conveyance of the undivided share in common areas in favour of the association (section 17). Section 2(n) defines common areas, including open parking areas. An association or allottee can file a complaint before the state RERA under section 31.
Code of Civil Procedure and Specific Relief Act
Where a civil court has jurisdiction, members and societies use suits for declaration (section 34), permanent and mandatory injunction (sections 38 and 39), and recovery of money, with temporary injunctions under Order 39 rules 1 and 2. A representative suit under Order 1 rule 8 allows a few members to sue on behalf of many with the same interest.
The disputes that come up most often
Maintenance charges top the list: a member disputes an increase, a special levy, or non-occupancy charges, or the society sues for arrears and adds penalty interest. Next come transfers: the society refuses or delays a no-objection certificate for sale, mortgage or letting out, demands a transfer fee or donation beyond what its bye-laws or the Registrar's directions allow, or will not admit the heir of a deceased member. Then there are disputes over parking slots, terraces, basements and open areas, where one member or the builder has taken what belongs to all.
Control disputes are harder and more bitter. Two groups each claim to be the elected committee; a committee refuses to hold elections or produce accounts; a member is expelled or suspended; the society is accused of misusing funds. In builder projects, the core dispute is often handover: the builder keeps running the maintenance agency, holds the IFMS or sinking fund, and does not transfer the common areas to the association.
Finally there are physical disputes between neighbours inside the society: unauthorised alterations, extensions into common corridors, seepage from the flat above, and encroachment on setbacks. These usually involve both the society and the municipal authority, and often end in a suit for mandatory injunction or a complaint to the building department.
Cooperative group housing societies in Delhi
Most older apartment complexes in Dwarka, Rohini, Patparganj, Vasundhara Enclave and elsewhere in Delhi are cooperative group housing societies. The member owns a share in the society and has a right to occupy a flat, and DDA allows conversion of CGHS flats to freehold. Disputes between a member and the society, or between members over society business, are within the Registrar of Cooperative Societies' jurisdiction. A civil suit on the same subject will usually be met with an objection under section 132 and rejected.
The process is to apply to the Registrar for reference of the dispute to arbitration. The arbitrator hears both sides and makes an award, which is enforceable, and appeals go to the Delhi Cooperative Tribunal. The Registrar also has supervisory powers: inquiry and inspection into the society's affairs, audit, and in serious cases supersession of the managing committee and appointment of an administrator. For transfer and nomination issues, the Act and Rules lay down timelines, and a society cannot ordinarily refuse permission for transfer of occupancy rights without a valid reason.
When Advocate B.K. Singh's office takes up a CGHS dispute, the first thing checked is whether the complaint is really about society business, which belongs before the Registrar, or about title or a private wrong such as trespass by a neighbour, which may still belong in the civil court. Choosing wrongly costs a year.
RWAs and apartment owners associations in Noida, Ghaziabad and Gurugram
Builder projects in Noida, Greater Noida, Ghaziabad and Gurugram are usually freehold or leasehold apartments sold by a sale deed or sub-lease, with an apartment owners association formed under the state apartment law or an RWA registered as a society. These bodies have no special tribunal for routine disputes. A member who disputes maintenance, parking or a penalty generally sues in the civil court for declaration and injunction, and the association sues members for arrears in the same way.
Election and registration disputes go to the Registrar of Societies (in UP, the Deputy Registrar of Firms, Societies and Chits for the region), and in UP certain election disputes go to the prescribed authority under section 25. The UP Apartment Act gives an appeal to the development authority against specified actions. In 2026 the Allahabad High Court declined to entertain writ petitions over routine RWA disputes and asked the state government to consider a grievance mechanism, so check whether any new authority has been notified before you file.
Disputes with the builder, as opposed to the association, are different. Non-handover of common areas, misuse of IFMS, sale of open parking, inadequate fire safety and missing amenities are complaints against the promoter. They go to the state RERA authority or to the consumer commission, often filed by the association or a group of allottees together.
How a society dispute case usually proceeds
The order of steps is similar whatever the forum. Most disputes are won or lost on the paper trail built in the first two steps.
Read the bye-laws and identify the body
Get the registered bye-laws, the society's registration certificate and the declaration or deed of apartment, and confirm whether the body is a cooperative society, an RWA or an association. This decides the forum and the procedure.
Raise the grievance in writing
Write to the managing committee or the builder, citing the bye-law or statutory provision, and ask for a decision within a reasonable time. Ask for copies of the resolution, accounts or notice you are disputing. Keep proof of delivery.
Use the internal remedy if there is one
Many bye-laws provide for a general body meeting or an internal grievance committee. Use it if it is quick, because forums often ask whether you tried. Do not let it run on for months if the dispute is urgent.
Send a legal notice where a suit is likely
Before a civil suit, a legal notice setting out the facts and the relief sought often produces a response, and is useful evidence of the society's stand.
File before the correct forum
File the dispute before the Registrar, the civil court, RERA, the consumer commission or the authority, with supporting documents and, where needed, an application for interim relief such as restoration of water supply or a stay on a penalty.
Hearing, evidence and order
The other side replies, documents are exchanged and the forum decides, sometimes after recording evidence. Many society disputes are referred to mediation on the way, and a settlement recorded by the forum is binding.
Appeal or enforce
File any appeal within the time the statute allows. If you win, enforce the order through the same forum or by execution, and make sure the society's records and the authority's records are corrected.
Documents for a society dispute case
Your rights in the property
- Allotment letter, share certificate, sale deed, sub-lease or conveyance deed
- Builder-buyer agreement and possession letter
- Mutation or transfer letter from the authority
- Parking allotment letter or receipt
The society's rules
- Registration certificate and registered bye-laws
- Declaration or deed of apartment under the apartment law
- Minutes and resolutions of the general body and committee
- Circulars from the Registrar or authority on fees and transfers
The dispute itself
- Maintenance bills, receipts and the ledger account
- Letters, emails and WhatsApp messages with the committee or builder
- Notices of penalty, disconnection, expulsion or refusal of NOC
- Photographs and videos of the encroachment, alteration or damage
For filing
- Copy of your legal notice and any reply
- List of members supporting a group or representative action
- Identity and address proof
- Vakalatnama and, for a society filing, the resolution authorising the case
Maintenance charges, penalties and disconnection
A society or association can levy maintenance charges that its bye-laws and general body resolutions permit, and can recover arrears through the Registrar's process in a cooperative society or by a civil suit in an RWA or association. A member who disputes the amount should pay the undisputed part and challenge the rest in writing, because a member in heavy default loses credibility before any forum and may lose voting rights under the bye-laws.
Cutting off water or electricity to force payment is a frequent flashpoint. Courts and authorities have generally treated water and electricity as essential services that should not be withdrawn as a recovery tactic, particularly where the supply connection is in the member's own name with the distribution company. If services are cut, write at once, approach the forum for interim restoration and, where the supply is from the discom, complain to the discom as well. The society's remedy for dues is recovery, not a siege.
Transfer NOC, membership and heirs
Refusal of a no-objection certificate is often a lever to collect old dues or a transfer fee. In a cooperative society, transfer of a member's interest is governed by the Act and bye-laws, and the Registrar can be approached if the society sits on an application or demands charges beyond what is allowed. In builder complexes, the transfer is a matter between seller, buyer and the authority, and the association's role is usually limited to a dues certificate, which it cannot withhold to extract unrelated payments.
When a member dies, the society transfers the share or interest to the nominee or the heirs. A nominee under the cooperative law holds for the legal heirs or beneficiaries under a will; nomination does not decide who owns the flat. Where heirs disagree, the society may insist on a succession document. For property passing under a will, see probate documentation, and for recording the change elsewhere, mutation after death.
Banks enter here too. A lender financing a society flat needs the society's NOC and an acknowledgement of its charge, and after default it needs the society's cooperation to sell. A society cannot ignore a registered mortgage, though it may claim its own dues under its bye-laws. Disputes between a bank and a society over priority usually end before the DRT or the civil court.
Parking, common areas and encroachment
Common areas belong to all owners in proportion to their undivided interest, and RERA's definition of common areas includes open parking areas. A builder generally cannot sell open parking spaces as separate units, though covered garages may be allotted as the agreement and law allow. A society or association allots parking under its rules; disputes over arbitrary allotment, charging for open parking, or a member enclosing common space belong before the forum that governs the society or, where the builder is responsible, before RERA. See also the separate pages on parking disputes and common area disputes.
Encroachment on corridors, terraces, setbacks or green areas by a member is both a breach of the bye-laws and, often, unauthorised construction. The society can pass a resolution, issue a notice, and then file a suit for mandatory injunction, while also complaining to the municipal corporation or development authority, which has power to seal or demolish unauthorised work. An individual member affected by the encroachment can also sue if the society does nothing.
Elections, committees and accounts
Election disputes need speed. In a cooperative society, they go to the Registrar or the authority designated under the state Act, which can also order fresh elections, inquiry or supersession. In an RWA or institutional society, election disputes go to the Registrar of Societies or, in UP, to the prescribed authority under section 25, and in other cases to the civil court. An election cannot usually be stopped at the last minute without strong grounds, so challenges are better framed early, against the voters' list or the notice.
Members are entitled to see accounts, audit reports and minutes as the bye-laws and the cooperative law provide. Where funds have been misused, a cooperative society's audit and the Registrar's inquiry are the main tools. Serious misappropriation can also be a criminal matter: criminal breach of trust under section 316 and cheating under section 318 of the Bharatiya Nyaya Sanhita 2023, reported to the local police or, for large amounts in Delhi, the Economic Offences Wing. Use the criminal route only where there is real evidence; it is not a substitute for an election petition.
When the society itself owns the property
Some page titles about schools, hospitals, hostels and resorts concern a different situation: the property is owned by a registered society that runs an institution, and the dispute is between rival groups over who controls the society and therefore the property. Here the questions are whether the meeting that elected or removed members was valid under the memorandum and rules, who is entitled to operate the bank accounts, and whether a transfer or lease of society property was authorised.
These disputes usually go to the civil court for declaration and injunction, sometimes with a receiver under Order 40 where the property or income is at risk. The Registrar of Societies records the annual list of the managing body but does not decide title. If the institution is affiliated to a board or university, or the land was allotted by an authority for institutional use, the allotment terms and the authority's consent to any change in control also matter.
How a society dispute changes by property type
| Property | Usual society structure | What to watch |
|---|---|---|
| Flat in a CGHS | Cooperative society; member holds a share | Registrar has jurisdiction; check freehold conversion status with DDA |
| Flat in a builder project | Apartment owners association or RWA, builder's maintenance agency until handover | Distinguish claims against the association from claims against the builder (RERA or consumer commission) |
| Builder floor or plotted colony | Colony RWA registered as a society | RWA has limited powers over private plots; building violations are for the municipal body |
| Villa or farmhouse society | Association or cooperative society, sometimes owning roads and amenities | Rights over internal roads and gates, and agricultural land rules for farmhouses |
| Shop, office or retail space | Traders' or owners' association, or the developer's facility manager | Common area maintenance charges and signage disputes; commercial disputes over Rs 3 lakh involving property used in trade may go to the commercial court |
| Industrial shed, factory or warehouse | Industrial estate association; DSIIDC, UPSIDA or HSIIDC as lessor | The authority's lease terms and maintenance charges, and the association's limited role |
| Agricultural land or plot held through a house-building society | Cooperative house-building society holding land for members | Allotment of plots, membership lists and the society's title; revenue entries and land ceiling or conversion rules |
| School, hospital or hostel property | Registered society owning the institution | Control of the managing body, authority's allotment terms, receiver if income is at risk |
How the answer changes for different parties
A senior citizen facing harassment over dues or access can ask the forum for early listing, and serious harassment within the family may also fall under the Maintenance and Welfare of Parents and Senior Citizens Act 2007. An NRI owner usually acts through an attorney under a registered or consularised power of attorney and should keep the society informed of the attorney's authority. A landlord member remains liable to the society for dues even if the tenant has agreed to pay them, and the society cannot generally bar letting out, though it can require tenant verification and charge as the bye-laws allow.
A company or firm owning units in a commercial or industrial complex acts through a board resolution or authorised signatory. A builder still holding unsold units is a member like any other for maintenance purposes, and cannot use its unsold stock to control the association against the allottees. A bank, as noted above, deals with the society mainly on NOCs and priority of dues.
Mistakes that weaken a society dispute case
- Filing in the wrong forum. A civil suit on cooperative society business will likely be rejected; a complaint to the Registrar of Societies about a builder's failure belongs before RERA. Check the body type first.
- Stopping all payments. Withholding the entire maintenance amount to protest one item weakens your position and exposes you to penalty and recovery.
- Arguing on WhatsApp instead of writing letters. Forums want formal written requests and replies. Group chats are useful as evidence but are no substitute for a dated letter.
- Ignoring the bye-laws. Many disputes turn on a specific bye-law or general body resolution. Read it before you argue.
- Personalising the dispute. Complaints against named committee members, rather than the society, often turn into defamation counter-claims and distract from the real issue.
- Waiting too long. Election challenges and appeals have short limits, and delay is the most common reason interim relief is refused.
A made-up example: a refused NOC and a parking slot
Here's a made-up example. Mr Kapoor owns a flat in a Noida high-rise managed by an apartment owners association. He agrees to sell it, but the association refuses a dues certificate unless he pays a transfer charge not mentioned in the bye-laws and gives up his allotted covered parking, which the committee wants to reassign to a committee member.
Mr Kapoor writes to the association citing the bye-laws and his parking allotment letter and asks for the certificate within 15 days. When nothing happens, he sends a legal notice and then files a civil suit for mandatory and permanent injunction in the Gautam Buddh Nagar court at Surajpur, with an application for interim relief. At the first hearing the court asks the association to issue the dues certificate on payment of the undisputed maintenance and restrains it from reallocating the slot. The case is referred to mediation, where the association drops the transfer charge. If the society had been a cooperative society in Delhi, the same dispute would have gone to the Registrar of Cooperative Societies instead of the civil court.
What to do this week in a society dispute
- Get the registered bye-laws and identify whether the body is a cooperative society, RWA or association
- Collect your allotment, sale or conveyance deed and parking documents
- Pull your maintenance ledger and pay the undisputed amount
- Write a formal letter to the committee or builder and keep proof of delivery
- Photograph any encroachment, disconnection notice or alteration with the date
- Find neighbours with the same grievance; a group complaint carries weight
- Note any appeal or election deadline that may already be running
- Speak to an advocate before filing so the right forum is chosen the first time
Next step
Society disputes are usually resolved fastest when the forum is right and the paper trail is clean. Many settle once the society sees a well-drafted notice that cites its own bye-laws. Where the dispute is about title or possession rather than society business, see the related pages on a title dispute case or an injunction against interference.
If you want the papers checked before you act, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step: talk to a lawyer.
When an LLP is a party
A limited liability partnership under the LLP Act 2008 is a body corporate, separate from its partners, with perpetual succession. It owns property, signs contracts and sues in its own name, and a partner's liability is limited to the agreed contribution except in cases of fraud. Every LLP needs at least two designated partners, at least one of whom is resident in India, and the designated partners answer personally for its statutory compliance.
The LLP agreement is the governing document, much like a company's articles. It decides who can sign, how decisions are taken, which matters need the consent of all partners, and how partners join and leave. It must be filed with the Registrar of Companies, and so must every change to it. Each partner is an agent of the LLP for its business, so a third party dealing in good faith can usually hold the LLP to a partner's act. For sale deeds, loans and litigation, though, sub-registrars, banks and courts ask for a partners' resolution or authority letter naming the partner who signs. Check the LLP's master data on the MCA portal: LLPIN, status, designated partners and registered charges.
The difference from an ordinary firm under the Partnership Act 1932 is real. Partners of an LLP are not jointly liable for its debts, and one partner is not personally liable for another partner's wrongful act. That is why lenders and landlords commonly take personal guarantees from LLP partners. The difference from a company matters too: there is no oppression and mismanagement remedy before the NCLT, so partner disputes are settled under the LLP agreement, usually by arbitration, or by a civil suit, and in serious cases by winding up through the NCLT.
Every LLP files an annual statement of account and solvency and an annual return with the ROC. Late filings attract additional fees for each day of delay, and an LLP that has stopped doing business can be struck off. The 2021 amendment decriminalised many defaults, but filings in arrears still block loans, registrations and government contracts at the worst moment. The IBC applies to LLPs, so a creditor can start insolvency proceedings against an LLP that defaults above the threshold.
In practice: name the LLP exactly as registered, ending in LLP; attach the partners' resolution and a copy of the LLP agreement to any deed, lease or plaint; and if the LLP was converted from a firm or a private company, confirm that property held in the old name has been mutated. Conversion vests the assets in the LLP by law, but municipal records, development authorities and sub-registrars still need to be updated before the property can be sold or mortgaged smoothly.
Frequently asked questions
Where do I file a complaint against my housing society?
It depends on the type of society. A cooperative housing society dispute goes to the Registrar of Cooperative Societies, while disputes with an RWA or apartment owners association usually go to the civil court. Complaints against the builder go to RERA or the consumer commission.
Can a civil court hear a dispute with a cooperative housing society?
Usually not, if the dispute touches the constitution, management or business of the society. State cooperative laws, such as section 132 of the Delhi Cooperative Societies Act 2003, bar civil courts and send such disputes to the Registrar for decision or arbitration.
Can my society cut water or electricity for unpaid maintenance?
Courts and authorities generally treat water and electricity as essential services that should not be cut to force payment. The society's proper remedy is recovery through the Registrar or a civil suit. If services are cut, complain in writing and seek interim restoration from the forum.
Can a society refuse to give an NOC for sale of a flat?
A society cannot refuse an NOC or dues certificate arbitrarily or to extract charges not allowed by its bye-laws or the law. In a cooperative society, the Registrar can be approached; in an association, a civil suit for mandatory injunction is the usual route.
How do I challenge a society election?
In a cooperative society, file before the Registrar or the authority named in the state Act. In an RWA registered under the Societies Registration Act, approach the Registrar of Societies or, in UP, the prescribed authority under section 25, or the civil court. Act quickly, because delay often defeats election challenges.
Can the builder sell open parking in my society?
Open parking areas fall within common areas under RERA, and a builder generally cannot sell them as separate units. Covered garages may be allotted as the agreement allows. Complaints against the builder go to the state RERA authority.
Can RERA decide disputes between me and my RWA?
No. RERA hears complaints against promoters, agents and allottees under the RERA Act. Disputes with an RWA or association go to the civil court or the relevant registrar, unless the builder is still running the maintenance or has not handed over the common areas.
Is a nominee in a housing society the owner of the flat after death?
No. A nominee receives the member's share or interest from the society but holds it for the legal heirs or the beneficiaries under a will. Ownership is decided by the will or the law of succession.
Can a tenant file a case against the society?
A tenant can sue for interference with his own rights, such as access or services under the tenancy, but disputes about society business are generally for members. The landlord member remains answerable to the society for dues and bye-law compliance.
What can I do if a neighbour encroaches on the common corridor?
Ask the society in writing to act, complain to the municipal corporation or development authority about unauthorised construction, and if nothing happens, file a suit for mandatory injunction. The society itself can also sue on a committee resolution.
How long does a society dispute case take?
Simple disputes over NOCs or services often settle within weeks once interim relief is sought. Contested arbitration before the Registrar or a civil suit can take a year or more, depending on the forum and the number of hearings.
Can several members file one case against the society or builder?
Yes. Members with the same interest can file a representative suit under Order 1 rule 8 CPC, and allottees or their association can file a joint complaint before RERA or the consumer commission. This saves cost and carries more weight.
Are LLP partners personally liable for its debts?
Generally no. The LLP pays its obligations from its own assets, and a partner is liable only to the extent of his contribution unless he gave a personal guarantee or acted fraudulently.
Can an LLP buy property in Delhi or Noida?
Yes. An LLP can buy, lease and mortgage property in its own name through an authorised partner. Leasehold authorities such as the DDA or the Noida Authority have their own transfer rules and charges, so check those before the deal.
Need help with LLP Society Dispute Case? Send your papers or a short note of what has happened. An advocate from the team of Advocate B.K. Singh will read it and tell you the next step.
