Keeping tenant without society membership
Ram Kulkarni
(Querist) 21 December 2012
This query is : Resolved
The cooperative society has not given me membership and the issue is now in Deputy registrar of cooperative societies.For the source of income if I want to keep tenent in my flat ,is it legal or illegal.The society chairman from some political party is not allowing tenants to use common areas ,Lift,Parking etc,hence I am not getting money from vacant flat.I need some cooperative court lawyer should give me valuable guidence.
ajay sethi
(Expert) 21 December 2012
you need society permission to give your flat on leave and license . if you ahve taken permission tenant can use common areas .
Ram Kulkarni
(Querist) 21 December 2012
when society does not make me member even after 10 years and asking money 50,000 for membership, is society permission necessary.I read article "Vinod Sampat, president, Cooperative Societies Residential Users Association,Besides, it is not mandatory for the housing society to issue no-objection certificates. What is mandatory is police verification," he adds.
Ram Kulkarni
(Querist) 21 December 2012
If I become member and if society doesnot give me NOC for noreason I will go to coop court but can I claim the amout for harrassment, loss of money or loss due to not able to keeping tenant
ajay sethi
(Expert) 21 December 2012
society cannot ask for more than rs 25,000 .
if society has not given membership for 10 years did you complain to registrar .contact a local lawyer .
Ram Kulkarni
(Querist) 21 December 2012
I have already consulted to local lawer and case is in Dep.registrar court.I want to know whether society has powers to deny the client or tenant ?
Raj Kumar Makkad
(Expert) 21 December 2012
Yes. The society has not provided you membership so you cannot without the permission of such society rent out your flat.
It is very strange to know that a time of more than 10 years has gone in litigation in the office of registrar.
If it is true, go to high court seeking the disposal in a stipulated time of about 2 months.
