Need advice, want to let out my partial flat.
Mohammed Vaid
(Querist) 20 November 2016
This query is : Resolved
Hi,
My soceity is registered soceity in Mumbai. One of the flat owners are senior citizens and want to let out their partial flat on rent, for getting some amount for their livelihood.
They can carve out an additional door for making second entry in the same flat for the licensee.
But our society treasurer is not cooperating them. They are old and always needs money for their medications.
Can anyone please advice, is it possible for them to carve out an additional door for making second entry in their flat, so that they can let out partial flat.
The septuagenarians are ready to pay let out charges to society.
Please advice can they legally do this? They have a clear agreement with all stamp duty and registration paid and done.
Guest
(Expert) 20 November 2016
Treasurer of a society does not enjoy executive power to look after society affairs, except for maintenance of accounts of the society and disbursements on behalf of the society.
You may therefore meet the Secretary of the society. However, alteration, if any depends only upon the provisions of society byelaws, if that permits.
Rajendra K Goyal
(Expert) 20 November 2016
Structural changes can not be carried in the flat.
Have they applied, and if refused what are the reasons?
Mohammed Vaid
(Querist) 20 November 2016
In our society Treasurer takes all decisions since Chairman and Secretary does not understands anything and they just Yes to all decisions taken by Treasurer, thus, the final decision becomes of Treasurer.
I am just a committee member and wants to help these old people.
The owners have applied to society office but verbally Treasurer is saying No.
Guest
(Expert) 20 November 2016
Nothing can help you, except the byelaws of your society. Better refer to the byelaws.
Guest
(Expert) 20 November 2016
Mumbai , so Maharashtra regional town planning act applies to your problem plus Mumbai Municipal Corporation act plus Maharashtra co-operative society act
If you ask me legal procedure then you need to submit plan for doing changes to Municipal Corporation under MRTP , various formalities have to be completed and then you get permission and then you can do changes and then you authorities check it and then they give completion certificate .
Since it is Society so General body clearance is also required and resolution to required to be passed.
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But in life we need to be practical also , reason we form co-operative society is to co-operate and help each other because we are all weak , without understanding the concept of co-operation just sticking to books of law creates indeed lot problem
Sankaranarayanan
(Expert) 21 November 2016
clearly explained by Mr Madhu. I do stand with expert's suggestion. without the support of Society and local Body it will not be materialized.
Mohammed Vaid
(Querist) 21 November 2016
OK thank you experts.may god bless you all for your kind advise.
Hemant Agarwal
(Expert) 21 November 2016
1. Experts "madhu" and "sankar narayanan" have propagated "cooperation in a Society". WHEREAS the so called dictatorial "treasurer" becomes dictatorially "uncooperative" to the genuine needs of the Society members, who are very senior citizens who are looking for sources for some income for their medical needs. WONDER what type of "cooperation" is being practiced in such Society.
2. The Society has no legal jurisdiction to grant any permission for installing of any additional doors and any such restraining would amount to Criminal Restrain and Criminal Intimidation.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Rajendra K Goyal
(Expert) 21 November 2016
May move as advised by the expert Hemant Agarwal.
