(Querist) 24 January 2011
This query is : Resolved
I am owner of a flat in a society at kurla and I am not residing there for many years so i decided to let out and accordingly I came across Company Officers and let out my flat to them, and 2 -3 officers started residing there but after letting out flat Society member oppose such deal saying we have passed resolution that flat can not be let out to single person or bachelor,it let out to families only. Is this resolution valid in law? Can society Pass resolution like that? Please help me.
(Expert) 24 January 2011
Not it is not valid. The society can oppose the conversion of residential into commercial. But they can not dictate the quality of the tenants.
(Expert) 26 January 2011
It is fundamentally wrong as it is against the Indian Constitution and the principle of personal liberty. Unless anything unlawful or immoral is established against the tenant, the society cannot pass such a resolution. It is unconstitutional.