House on rent to bachlors against society
Querist :
Anonymous
(Querist) 10 September 2011
This query is : Resolved
Dear Sir, I want to lease out my residencial property to either family, corporates or bachlors/individuals. However for last 6 months, I could not get anybody except bachlors. At present I am jobless for last more than a year and do not have any other source of income. Due to which my monthly maintenance bills have been unpaid for quite some time. And I was the sole earner in the family. Under the circumstances, can I give the property on rent to bachlors. As per our society norms - this is not permitted. Please advise suitably.
RAJ P. / 10092011
Advocate. Arunagiri
(Expert) 10 September 2011
The society can not command you, on the type of the tenant. Society ruling is not binding you in this aspect.
Only if there is any problem because of any tenant, they can raise it.
Guest
(Expert) 10 September 2011
You have the sole rights of your residential property, unless specifically provided otherwise in the Bylaws of the society.
Advocate M.Bhadra
(Expert) 10 September 2011
Since you are absolute owner of a house you can give the property on rent to a bachelor or a married,bylaws of the society cannot prevent it,which is infractuas in respective Premises Tenancy Act.
Advocate. Arunagiri
(Expert) 10 September 2011
Mr.Dhingra,
Do you feel that if the society is making a bye-law prohibiting bachelors, will bind the house owner / member.
prabhakar singh
(Expert) 10 September 2011
BY LAWS CAN NOT CURTAIL FLAT OWNERS RIGHT TO CHOOSE HIS TENANT.
Guest
(Expert) 12 September 2011
Dear Arunagiri,
The by-laws of a society are approved by the Registrar of the Societies on which all the functions of the society rest. So, that takes the shape of a sort of law, which of course is challengeable. In fact, I know several lapses can be expected from authorities. The by-laws, of course, can be modified with majority vote in the AGM of the society, but still that modification also needs approval to give final shape of the modified by-laws. Till the time the modification is formally incorporated in the by-laws the existing provisions have to be abided by the members and the management.
I hope you would like to agree with my views.
Guest
(Expert) 12 September 2011
Prabhakar ji,
I do not disagree with your view point, but I hope you would agree with my views as expressed in reply to the queryu of Shri Arunagiri.
By-laws remain to be binding on the members of the society until modified by majority vote.
Advocate. Arunagiri
(Expert) 12 September 2011
Dear Mr.Dhingra,
The by-laws are not approved by the Registrar. It is only recorded by the Registrar.
Even if this aspect is decided by majority members decides against the minority members, it is illegal.
Guest
(Expert) 13 September 2011
Dear Shri Arunagiri,
I shall be thankful to you if you kindly quote provision of any section or rule of the Cooperative Societies Act or Rules that would clearly state that the approval of the bye-laws by ROC is not required.
So far as I know about bye-laws, the proposal received is examined by the Zonal Assistance Registrars of various zones of RCS office and the same is either approved or rejected on merits.
Accordingly, so far as legality or illegality of the provisions of the bye-laws is concerned that is to be seen by the ROC office.
ANY CONTRADICTORY PROVISIONS IN THE ACT OR RULES, AS PROVIDED BY YOU, WOULD DEFINITELY ENHANCE MY KNOWLEDGE.
prabhakar singh
(Expert) 13 September 2011
Now comes the point.A bylaw,if curtails the right of a member to choose his tenant can be challenged to be illegal and not binding.Any thing that is illegal can not become legal only in name of membership and presuming consent of the member.
