Renting flat to bachelors

kishorchandra p mehta (Querist) 06 October 2025 This query is : Resolved
Whether a co operative housing society can pass a resolution preventing flat owner to rent out his flat to bachelors

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Housing societies in India generally cannot legally prevent flat owners from renting to bachelors. Courts have consistently ruled that blanket bans based on marital status are discriminatory, unconstitutional, and illegal, violating fundamental rights. While a society might attempt to pass a resolution, it is likely non-est in law and unenforceable. Flat owners have the right to choose their tenants, and any attempt by an RWA to evict or cut services based on such a resolution can be challenged in civil court.

kavksatyanarayana (Expert) 06 October 2025
Yes. A society can pass a resolution preventing flat owners not to renting out their flats to bachelors with the required majority.

T. Kalaiselvan, Advocate (Expert) 07 October 2025
Resident Welfare Association (RWA) in India cannot legally pass a resolution to prevent owners from letting out flats to bachelors, as such rules are discriminatory, unconstitutional, and illegal.
Courts have consistently ruled that blanket bans on bachelors as tenants are invalid, as they violate the fundamental right to live freely and cannot be enforced.
Banning tenants based on their marital status is considered discriminatory.
Such bans go against the fundamental rights guaranteed by the Constitution of India.
You can send a formal legal notice to the RWA, stating that their resolution is illegal and has no basis in law.
If the RWA threatens or takes action to evict you or cut off services, you can immediately approach a civil court for an injunction to prevent them from doing so and to restore services.

Dr. J C Vashista (Expert) 07 October 2025
It depends upon the individual landlord to rent out his/her property to a bacholar, scholar, idiot, police, politician, lawyer or any other person of his / her choice which cannot be thrust upon the member of a Cooperative Housing Society. Accordingly such a resolution (even if adopted by GBM) is non-est in law.

Advocate Bhartesh goyal (Expert) 07 October 2025
Flat owner has every right to let out his flat to anyone as per his choice.No one can impose any conditions or resriction on landlord/owner. Resolution passed by society is illegal and unconstitutional and has no meaning in eye of law.

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