Rent
sk..........
(Querist) 15 October 2013
This query is : Resolved
I want to let out my flat for rent to bachelors ,now the neighbour flat owner is objecting to this,
1-now can i give to bachelors, will there be any action from law.
R.K Nanda
(Expert) 15 October 2013
give to bachelors after police verification only.
Devajyoti Barman
(Expert) 15 October 2013
They have no right to raise objection unless the tenants makes any nuisance.
Go ahead.
prabhakar singh
(Expert) 15 October 2013
YOU ARE FREE TO LET ANYONE OF YOUR CHOICE
prabhakar singh
(Expert) 15 October 2013
YOU ARE FREE TO LET ANYONE OF YOUR CHOICE
Kishor Mehta
(Expert) 15 October 2013
Expert Sirs,
With due respect, A relevant query:
Does the resolution adopted in the AGM of a society "No flats to be given on rent to bachelors or Non-vegetarians" carry any weight?
Please enlighten and oblige.
Kishor Mehta
P. Venu
(Expert) 16 October 2013
No, the AGM has no powers to make laws.
Dr J C Vashista
(Expert) 16 October 2013
Althoough AGM is supreme in a cooperative group housing society even than cannot pass such resolution, if did, that can be set aside. You are free to rent out your flat to the person of your choice and not at the dictation/discretion of neighbours, however, get the credentials of tenant verified
prabhakar singh
(Expert) 16 October 2013
No!Any AGM of any BODY , by resolution or otherwise, can NOT curtail rights conferred upon individuals as citizen.
Devajyoti Barman
(Expert) 16 October 2013
No, AGM can not supersede individual right to enjoy property.
If they restrain you can move to Cooperative Court.
Rajendra K Goyal
(Expert) 21 October 2013
Agree with the experts, nothing more to add.
malipeddi jaggarao
(Expert) 22 October 2013
You are free to let out to anybody. But better obtain address proofs and identity and keep on record.
ajay sethi
(Expert) 22 October 2013
it is better not to antagonise the society members . the reason why societies are reluctant to encourage bachelors to stay in society is because of nuisance factor . generally societies encourage that flat be given on leave and license to families only .
society wont grant you permission . NOC from society is necessary to give flat on leave and license . your remedy would be to challenge the resolution passed in AGM if you insist on giving flat to bachelors .
ajay sethi
(Expert) 22 October 2013
it is better not to antagonise the society members . the reason why societies are reluctant to encourage bachelors to stay in society is because of nuisance factor . generally societies encourage that flat be given on leave and license to families only .
society wont grant you permission . NOC from society is necessary to give flat on leave and license . your remedy would be to challenge the resolution passed in AGM if you insist on giving flat to bachelors .
Rajendra K Goyal
(Expert) 23 October 2013
A practical advise is given by the expert ajay sethi ji.
Kishor Mehta
(Expert) 23 October 2013
Sir/s,
As per the Co-Operative Society Act, the building of the Society belongs to the Society and the conveyance of the plot of land is always registered in the name of the Society, and the flats are allotted to individual members by virtue of their holding the shares of the Society. Hence for all practical purposes the member does not own the flat allotted to him in the true sense of ownership but the membership is governed under the Co-Operative Housing Society Act.
This act very clearly states that the resolutions adopted by the AGM are applicable as far as the flats of the Society are concerned.
In the event any member wants to challenge any resolution of the AGM, he has to approach the co-operative court.
Under the circumstances the resolution adopted in the AGM of a society "No flats to be given on rent to bachelors or Non-vegetarians", can only be challenged in the court.
Good Luck
Kishor Mehta
P. Venu
(Expert) 24 October 2013
A cooperative society is a creation of the statute. It can make laws within the four corners of law but cannot encroach upon the ordinary rights of its members. A particular flat or apartment is the personal property of the member and society or other members cannot claim any supervisory rule. Of course, the member is required to use his property without causing any nuisance to others. But that does not authorize blanket ban orders. Moreover, there is very little rationale in that all bachelors are nuisance. Remember, we all were once bachelors; every human beings are bound to be.
V R SHROFF
(Expert) 24 October 2013
"Remember, we all were once bachelors; every human beings are bound to be."
but we used to reside with our parents/ our family..
single girls/ boys are always a risky neighbours, especially temporary residents.
Directly or indirectly, it is a live danger.
Safety and peace of mind is very essential to our life, especially where we reside.
Co-op Society have all right to pass such resolution, to support common views. Nothing wrong in it.
P. Venu
(Expert) 25 October 2013
A cooperative society is 'State' in terms of Article 12 and indulging in discrimination on artificial grounds amounts to violation of Article 14.
