Leave and license
Dinesh badale
(Querist) 03 November 2016
This query is : Resolved
I have flat in co-operative housing society.I want to make LL aggrement to shop keeper for his staff members residence.But society objecting.they saying flat has to be give to residence of family members only.This is rule ? Can i give flat on leave&licence aggrement without society noc ?
adv.bharat @ PUNE
(Expert) 03 November 2016
Dinesh u need to cheque society bye law .
If bye law specify it then with out NOC u can give it.
Will u give thanks for this free advice on my Lci profile?
P. Venu
(Expert) 03 November 2016
The society cannot interfere as to the selection of tenants by the flat owner. Even if there is such a bye-law, it is void.
Kumar Doab
(Expert) 03 November 2016
Similar queries were discussed earlier and tenant in question were bachelors.
The conclusion of discussions was society can not impose such conditions.
Kishor Mehta
(Expert) 03 November 2016
Sir,
Section 43(a)&(b) of the Maharashtra CHS Bye-Laws state as under:
43. (a) A member shall intimate to the society, of subletting his flat or giving on leave and license basis or care taker basis or parting with its possession in any other manner, however the member shall submit a copy of leave and license agreement and copy of intimation report to the police station.
(b) No permission of the Society is required to sublet the flat / shop. However the intimation needs to be given to the society 8 days before such subletting.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 03 November 2016
have you required permission in writing?
Has the Society objected in writing?
If so, lodge complaint to Registrar cooperative societies.
Kumar Doab
(Expert) 03 November 2016
Submit the intimation in concurrence to clauses posted by expert Mr.Kishor Mehta.
If society objects in writing act as advised by expert Mr. Rajendra K Goyal.
M V Gupta
(Expert) 04 November 2016
Under the amended bye laws of Housing Societies in Maharashtra, vide bye law 43 the Society cannot refuse permission to a member to sub let or grant LL so long as the purpose is residential. They cannot say that the residence sould be only for families.The position is not different even under the old bye laws also.
Dr J C Vashista
(Expert) 04 November 2016
There is no such rule/bye-law/Act in any part/State of country and society has no power to select type, quality. qualification, caste, creed, sex of tenant for the premises LL given by member/owner. If the society insists pull them up in the Court of Law.
Rajendra K Goyal
(Expert) 04 November 2016
In the given circumstances agree with the expert Dr J C Vashista.
Kumar Doab
(Expert) 04 November 2016
As suggested by expert Dr J C Vashista, that still if the society insists, approach your able counsel and under expert advise of your counsel approach court of law.
