sunanda (dfghdgfhdf) 27 April 2010

society issue

sir,

we have flat owned by my husband and me. we are not staying there and the same is occupied by my mother-in-law and brothers. we stay in a flat few buildings away. the society has raise an issue after 4 yrs as to why we bing the members are not staying and that you need to sign an L & L with my inlaws staying there. as we do not have any issue and that we keep visiting the flat once in a week, what is the society members or the secretary has got to do with it.. is there any any legal miscondust on our part ? or is there any rule which says that the member should stay in the given flat ?

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5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 27 April 2010

The objection of the soceity is illegal and unjustified and you or your in-laws have not committed any error or violation of rules. Let the soceity take any action against you. legaaly you are very sound to rebut each illegal action of the soceity.

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V. VASUDEVAN (LEGAL COUNSEL) 27 April 2010

I concur with Advocate Makkad. It would be sufficient for you to write a letter informing that they are your relatives and you have authorised their stay (signed by both members). If at all they raise any objections ask them to show cause under what authority/bye-law they are demanding L&L.

Vasudevan

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bhagwat patil (Property due diligence 9422773303) 28 April 2010

Ask them the ojecton in written status.It wii be useful for further mode of action.

sunanda (dfghdgfhdf) 30 April 2010

Thanks for th prompt reply. However till now the society has not issued anything in writing, but they are referrring to Non-Occupancy clause.

Audry Fernandes (nil) 06 June 2010

I just saw this and thought I should comment. In the bye-laws there is mentioned a list of relatives who can occupy the flat w/o the owner having to pay non-occupancy. This includes parents brothers, sisters.