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Non occupied flats

Guest (Querist) 16 June 2020 This query is : Resolved 
We are a registered Co-operative housing society in Thane. We have passed a resolution and some rules in General body (GB) for letting out the flat.
As per GB, we are not allowed to give flat on rent to any singles/bachelors or college students. Only Family is allowed and every member who wishes to let out his/her flat following the rules.
We have 2 flats in our society which are belongs to a Hotel owner (Registered in the name of Individual and not in Hotel) and he occupied all his workers in the said premises and we want to remove them.
Please guide us in the matter with draft copy of notice.
Raj Kumar Makkad (Expert) 16 June 2020
Your mentioned resolution do not cover the siituation you are facing as hotel owner is neither a tenant nor he is renting out his flat to bachelors or single person. It is the adjustment of the flat owner to whom he provides his indoor shelter if the same do not break any rule of the society so legally you have no ground to fulfil your desire merely on the ground that the flatowner allow his workers to reside with him.
kavksatyanarayana (Expert) 16 June 2020
Yes. The owner has two flats and the owner allowed his workers in his own house. They are not bachelors or a single person and he may not collect rent from his workers. So there is no ground to ask him in the matter. If there is any complaint from other flat owners, amicably discuss with elders of the locality and GB.
Dr J C Vashista (Expert) 17 June 2020
The resolution passed by GB qua disallowing single / bacholar occupant is void, illegal and challangable. The GB cannot dictate that who shall stay in the flat of the member / allottee.
P. Venu (Expert) 17 June 2020
Yes, the GB is not a law making body. Moreover, it is the legal right of every owner of the property to use the property to his best advantage. No person has the right to interfere or interdict so long as such activities do not violate any law.
Rajendra K Goyal (Expert) 17 June 2020
The resolution is not in accordance to the law, is challengeable.

The flats are owned by individuals, have not rented out these, no irregularity.

Agree with expert Dr. J.C. Vashishta ji.
Guest (Querist) 17 June 2020
Thank a lot all for your valuable feedback.
Raj Kumar Makkad (Expert) 17 June 2020
You are always welcome Mr. Author.
Dr J C Vashista (Expert) 18 June 2020
Thank you Goyal ji for agreeing with me.
Hemant Agarwal (Expert) 18 June 2020
Housing Society has no legal right to refuse any Bachelor Tenants /Paying Guests. IF Society refuses THEN it is doing a Criminal offence:

Keep Smiling .... Hemant Agarwal

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