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Atik j.pathan (Self employed )     02 July 2020

Resolution to ban renting out to bachelors

Can a society pass resolution to prohibit / ban owners to rent out flat to bachelor tenant Regards


 9 Replies

Dr J C Vashista (Advocate)     03 July 2020

It is internal decision of members of the Society, if you find it illegal, challange.

What is your locus standi / concern ?

Atik j.pathan (Self employed )     03 July 2020

Sir,I am chairman of society ,some members are demanding to impose ban on renting out to bachelors,for nuisances,hence before passing resolution ,i think it's better to confirm whether it will have weightage.

R.Ramachandran (Advocate)     03 July 2020

Whether your Chairman or Secretary, if the majority of the members want such a Resolution, get it voted.  If passed, then implement it.  That's all.

If anybody challenges, let them.  

Raghav Arora   03 July 2020

If it is mentioned in the registration of te society, then the society can do so. It can be done.

P. Venu (Advocate)     03 July 2020

The society or the management has no authority to prevent the flat owners from using their property at their discretion.

Adv Keches Shilwante (Partner @ Legal Biceps)     03 July 2020

Article 14 and Article 15 of the Constitution of India, provide for equality before the law and prohibit discrimination on the grounds of religion, race, s*x, place of birth or any of them, so it is absurd to ban bachelor Tenants. Every member of the society has the right to give his flat on leave and license basis and the society cannot restrict bachelors or spinsters. However flat owner should not rent out his premises for commercial or illegal activities.Hence passing such resolution will be void ab initio.

1 Like

Hemant Agarwal ( Mumbai : 9820174108)     03 July 2020

Originally posted by : Atik j.pathan
Can a society pass resolution to prohibit / ban owners to rent out flat to bachelor tenant


1. 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

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 July 2020

See the humanity and rules under the constittion of India. If any body violate the rules impose fines. But do not discriminate bachelors. Bachelors are also citizens.

Dr J C Vashista (Advocate)     04 July 2020

General Body of a Cooperative Housing Society is supreme which can adopt such resolution, which is neither against public policy nor barred under any provision of law.

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