Imintelligent (NA) 24 October 2011

Society forcing me to evict my tenant

I own a flat in a cooperative Hsg society in Mumbai. Our society has always been in a mess and managing commitees keep changing. In the month of August 2011 I gave my flat on 'live & license' for a period of 11 months. There was no managing commitee in office at this time. A new commitee had been elected however they had not taken charge of the office and there was no circular as to when they will take charge. Further the society has not circulated any clear guidelines about giving flat on 'live & Licese'.

I got the agreement registered and also took the mandatory police NOC. Now there is a commitee in office and they are forcing me to evict my tenant saying that I have not taken the society NOC. How could I take an NOC when there was no chairman/secretary in the society? Can they evict my tenant in this case? They are trying to bully me and harass my tenant. Pls advice how I can handle this matter. I have submitted all the relevant documents to the society (Registered copy of agreeement with tenant, Police NOC, Form 29 and Form 11 as required by the society).

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6 Replies

Rupam Ghosh (In practice) 24 October 2011

Your agreement is very well valid and legal, however you could have informed the similar circumstances in a letter to the secretary of the society. Sometimes secretary behaves as if he is the owner of the whole building. I think your remedy lies in Co-Operative court of your jurisdiction. So hire a lawyer practising in Co-operative Court exclusively..

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Imintelligent (NA) 24 October 2011

Thanks for your prompt response. I have informed the Chairman/Secetary through a letter that these were the circumstance prevailing in the society at the time when I was giving my flat on 'live & Licese'. Can the society issue a legal notice against me for this? What is the course of action that the society can take against me in this case?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 24 October 2011

Settle the matter amicably since society can force you not to let your flat.

Rupam Ghosh (In practice) 24 October 2011

I think the society will now change its attitude and if called for discussions, you can narrate yourself, if he is not changing his attitude, represent yourself to the president or any higher member of the society and forward the same letter to them also and take the acknowledgement. This will be the basis for your future litigation if any. If the society issues any legal notice, no need to panic pls do not forget to answer the notice either yourself or through a lawyer. fact remains the same, this is your flat and you can not afford to let it remain vacant because there is no managing committee. So you have every ground to remain assured that society can not rule you arbitrary. Judges take care of such society. :)

Imintelligent (NA) 25 October 2011

Pls educate me. Is the society NOC taken prior to the 'live and license' agreeement registration or after the registration? What are the documents a CHS asks for while giving the NOC. Do they interview the tenant beofre giving the NOC and check his IT returns etc?

Rupam Ghosh (In practice) 25 October 2011

yes thats right if your society is registered then you need to take NOC from them before renting out your flat. rest is the procedure. However I have not heard till now that society takes interview of the person whom you want to rent out your flat. Hope this clears.