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Arun Nair   14 November 2021

Real estate agent in society

Hi 

I am the secretary of a CHS in Bhiwandi, Thane. Today real estate agents just randomly giving it for rents without any agreements and documents. We had informed all the owners to submit a copy of L&L agreement copy along with verification. Do we have any laws to prevent such activities in the society?



Quick Summary
This discussion addresses concerns about real estate agents operating in societies without proper agreements or documentation. It highlights that societies can pass resolutions requiring landlords to submit tenancy agreements and tenant verification. Legal avenues include filing complaints with the police and the Deputy Registrar of Cooperative Housing Societies. While not universally mandatory, police verification is crucial to avoid landlord liability under Section 188 of the IPC, especially in areas with specific police regulations like Mumbai.

 6 Replies

Kishor Mehta (CEO)     14 November 2021

[1] You can file a written complaint with the local police station as also [2] the Deputy Registrar of CHS of your zone under appendix 28 of Model Bye-Laws of CHS 2014.

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     14 November 2021

Hello,

Owner has to furnish the details of tenant to local police station. So police will take action against these illegal transaction. 

1 Like

G.L.N. Prasad (Retired employee.)     15 November 2021

First, get a resolution passed through a general body meeting.  The resolution should state all the requisite documents to be submitted before letting out the premises.  Then, those who violate it must go to court, for the violations against society.  Society has every right to restrict unlawful tenants and to maintain peace and tranquility in a building.

Dr J C Vashista (Advocate)     16 November 2021

There is no law that specifically states that the landlord is obliged to carry out police verification of the tenant. However, there is a provision in the Indian Penal Code (IPC) 1860 that could lead to the landlord getting booked for an offence committed by the renter. Section 188 of the IPC, which deals with disobedience to order duly promulgated by a public servant, says that the guilty party may be punished, if any disobedience of an order made by public authorities is likely to produce harm.

Kishor Mehta (CEO)     16 November 2021

There is a specific police regulation in Mumbai that makes it mandatory for all property owners to get a police verification for any and all persons before renting their premises. Neglecting to do so has been made a criminal offence. 

Sudhir Kumar, Advocate (Advocate)     22 November 2021

agreed with above.  Such complaint is a cheque for police and they will certaily howl up the landlord and tennat.

 

In some parts such prperty dealer mafia operate who do not allow any renting without them.  at times landlord has not even seen the tennnat,  any crim doe in that society or by using that property can cause landlord in trouble.  please educate landowrds


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