Accommodation in the co-op society to the society's handyman

Franklyn (Querist) 11 October 2020 This query is : Resolved
Dear Sirs,
We are a CHS with 56 members in Mumbai and have in our employment a Handyman, who does all society work including Water filling and discharge. If we are to provide a space for him as accommodation in the society, will he be entitled under the law to claim any residency rights in the future.

On humanitarian grounds we wish to do so but some members are apprehensive.

Appreciate your expert opinion on the issue.

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A Mumbai co-operative housing society with 56 members is seeking advice on whether providing accommodation to their handyman could grant him future residency rights. While members wish to offer space on humanitarian grounds, concerns exist about potential legal claims. Experts suggest that with a clear resolution, an undertaking from the handyman, and potentially legal consultation, the society can offer this welfare measure without creating vested rights.

Rajendra K Goyal (Expert) 11 October 2020
If the society is having some space for guards and other staff he may be given subject to norms.

Isaac Gabriel (Expert) 11 October 2020
Resolution to this effect could be passed prescribing conditions for providing accomodation.

kavksatyanarayana (Expert) 11 October 2020
The Society shall inform the handyman that the accommodation provided shall be vacated if quits to serve in the society for any reason. If still any doubt, it is better to take an undertaking that he shall vacate the accommodation as and when asked by the Society.

Dr J C Vashista (Expert) 12 October 2020
Yes, he can be accommodated and shall have no legal repercussion if Managing Committee permits and ratified by AGM.
It is internal arrangement of CHS for welfare of members/ residents and a help to the handyman, who may not be issued with any allotment /authorisation / letter or the CHS should not pass any resolution to the effect, which may create any problem in future.

Dr J C Vashista (Expert) 12 October 2020
It would be appropriate to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

P. Venu (Expert) 12 October 2020
It is settled law that the handyman can claim no vested right in property.

Franklyn (Querist) 19 October 2020
Thank you very much Gentlemen for your advice. Much appreciated. Have a pleasant week ahead.

Rajendra K Goyal (Expert) 19 October 2020
You are welcome, may revert in case of any further question on the query.

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