Co-operative Society-Rights of Member over occupant
Querist :
Anonymous
(Querist) 31 January 2011
This query is : Resolved
In a registered co-partnership cooperative housing society in Mumbai, a member Ms. Z has 2 tenements in her name. They were initially in her father’s name, then her mother’s name and finally in her name. She is a single woman, now a senior citizen (70 years). According to her, when she was 29, her brother and his 2 sons (AZ and BZ) who were staying with her, started treating her badly, causing her to vacate the property and move in with her sister in the suburbs. The monthly rent was paid to the society by her relatives occupying her house. The current occupants AZ and BZ have not paid anything to Ms. Z, nor have they taken care of her, nor have they permitted her to stay in her own property.
Now, the society is thinking of going in for redevelopment. The managing committee of the society has been trying to help the 2 nephews in establishing a case by accepting correspondence from them, allowing them to renovate the tenements, issuing domicile certificates to them and allotting a member parking space to them at subsidized member rates, adding the parking charges in Ms. Z’s bill, without her authorization for any of this.
I have 3 main questions:
Do the occupants have a strong case or will Ms. Z be able to evict them or at least be compensated by them?
What is the position of Ms. Z in the case of future redevelopment and will the builder recognize her or the occupants?
Is there any way Ms. Z can remedy the situation at this point? Would it help her case if she directed the society to stop accepting the rent from the occupants?
