Sub-letting of flat as per msc act 1960
Vaidyanathan
(Querist) 08 April 2016
This query is : Resolved
Dear Sir,
Our society has 260 flats and 18 shops.
One of the shop owner has sub-let his shop for 3 or 4 months without obtaining permission from society.
On enquiry he informed the society orally that he started a mango business on partnership which is temporary. He states that he is using his shop and the shop items is somebody else's and that he has not sub-let or not given the shop on leave & licence. He has not submitted anything in writing to the society.
Society bye-law is silent in this matter.
Please therefore clarify if this amounts to sub-letting of shop though on parnership. Can the society claim that the shopw owner (our member) is cheating the society and charge non-occupancy charges.
Thanking you,
V. Vaidyanathan
P. Venu
(Expert) 09 April 2016
The shop is the property of the owner; it is his ordinary right to make use of his property at his discretion and to his advantage. No one has a locus standi or say in the matte so long his actions are lawful.
Even if the society bye-law directs to the contrary, such norms are of no force of law unless there is a statutory provision which enables the society or its management to regulate or monitor sub-letting.
V R SHROFF
(Expert) 09 April 2016
If he manages himself, and not handed over the possession , it is right
Rajendra K Goyal
(Expert) 09 April 2016
Seem to be overreact from the society. Bye laws are silent, society has no proof, the owner is refusing, society should overlook till proofs availabhle.
Adv. Yogen Kakade
(Expert) 09 April 2016
The bye laws of the society are in the interest of the welfare of the society members. You can take an objection but sometimes you have to consider the situation or justifications on humanity ground.
