Renting of a flat in a co-operative society.

n vaidyanathan (Querist) 28 June 2012 This query is : Resolved
Sir,

I am an owner of a flat in a Housing Cooperative society in Kolkata. I want to know weather I can rent it out to some one if I happen to be transferred out of Kolkata and what are the provisions in the law to this effect.

Thank you,

Vaidyanathan

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Dr J C Vashista (Expert) 29 June 2012
Just make a tripartite Rent Agreement with tenant, Society and of course Yourself.
TPA

Nadeem Qureshi (Expert) 29 June 2012
I agree with expert

Shonee Kapoor (Expert) 29 June 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ajay sethi (Expert) 29 June 2012
society is not party to rental agreement . agreement would be between you as owner and tenant . you have to obtain NOc from society .

K.K.Ganguly (Expert) 29 June 2012
Enter in to an agreement with your tenant. Before that, find out if there is any permission required to be taken from the Society for letting out the flat. In some Societies at Kolkata, such stipulations have been incorporated in the By Laws.The agreement should be very carefully drafted.

VARUN MAHAJAN (Expert) 01 July 2012
if subletting is allowed then only

Dr J C Vashista (Expert) 01 July 2012
I agree with Mr. Sethi to an extent that the rent agreement shall be between landlord and tenant, however, tripatriate agreement involving society shall be on the safer side of landlord, wherein his interest shall stand protected and taken proper care by society, although legally not required except to obtain NOC for outstanding dues.

ajay sethi (Expert) 01 July 2012
no society will agree to be part of triparte agreement . society ois merely concerned with protecting its interests .granting NOc , levying non occupancy charges

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