home on rent

Querist : Anonymous (Querist) 03 October 2013 This query is : Resolved
As a nominee, can i gve my flat on rent in a co op society? The flat is nt tranfrrd in my name yet. Society has threatened tht thy will file a police complaint if i keep a tenant. Thre is an ongoing case to trfr ths flat to my name frm my grandmother who passed away. Case is wth the registrar. I just want to knw if i cn gve ths flat on rent?

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Raj Kumar Makkad (Expert) 03 October 2013
You are landlord of your flat even though ownership has not been transferred as on day in your name. If there is no specific restriction for renting out the flats in that society, only then you are bound by that clause otherwise this is your sweet will to decide about your flat.

Guest (Expert) 03 October 2013
Depends upon (1) if there is no legal heirship dispute against you, and (2) if the society's byelaws don't put any restriction upon the nominee to rent out the flat before transfer of property to the nominee.

Rajendra K Goyal (Expert) 03 October 2013
Anonymous query.
Very well advised by the experts, nothing more to add.

R.K Nanda (Expert) 03 October 2013
better avoid renting as flat is still not transferred in ur name .

Kishor Mehta (Expert) 03 October 2013
Sir,
With due respect to the Experts:
[1]A flat can be transferred to the name of the nominee only if necessary nomination papers are filed,accepted and counter signed by the managing committee of the Society,
[2]The Society is legally bound to transfer the share certificate of the Society to the name of the nominee.
[3] A nominee is only a trustee and holds the flat in trust for the beneficiary of the owner.
Please take a decision after considering your legal position in light of the above legal obligations.
Good Luck
Kishor Mehta

Raj Kumar Makkad (Expert) 03 October 2013
A landlord need not be an owner of the property. The issue of transfer has nothing to do with the tenancy as sought by author so the opinion of Mr. Kishore has nothing to do with the given facts.

P. Venu (Expert) 04 October 2013
A property is not rendered owner-less on the death of the owner. It vests in the legal heirs. Carrying out the changes is a matter of procedure.

The queriest can prevent wastage of property if he is legal possession irrespective of the dispute among the legal heirs unless there is direction of law to the contrary.

A Housing society or its general body or the managing committee is not law making body. It can frame the bye-laws and implement them. But they cannot make any law or try to implement them which interferes with rights of the private persons.

Kishor Mehta (Expert) 05 October 2013
Sir/s,
Once again with due respect to the Experts:
I beg to cite the relevant section of CHS Bye-Laws for your perusal.

"Model Bye – Laws of Cooperative Housing Society as per 97th Constitutional Amendment And Maharashtra Co-Op. Societies (Amendment) Ordinance 2013

u/s 43(1) & (2) Sub-letting etc. not permissible except under the Society's permission."

This is self explanatory.

Good Luck,
Kishor Mehta

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