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Diego stanga (Self employed)     09 June 2014

Loss of rent

My father transferred his flat to me by a registered gift deed. When I approached the cooperative housing society to record my membership they replied that my sisters are having objection regarding my membership with the society. They said that they are also the legal heirs of the said flat and thus bring NOC from them. Till date no one has challenged the registered document.

In today's date the said flat is vacant. I'm having loss of rent from September 2013 when I approached the forum to record my membership. The membership issue is being solved. But not being a member of the society I'm not getting societies NOC regarding rent.

Questions

Can I give the said property on rent without societies NOC.

Can I claim the loss of rent each month I'm facing because of the society in consumer court. Is it vail. How is the bill made to claim the loss. What amount should be put forth. Currently the present rent in that society is 20000 on an avg.



Learning

 3 Replies

Dr J C Vashista (Advocate)     09 June 2014

Once you have accepted the gift, you are the absolute owner of the flat and society cannot object.

If there is any objection take it in writing and issue legal notice claiming damages from the office bearer (who objected) individually. 

Q. Can I give the said property on rent without societies NOC.

A. Yes, no NOC is required for renting out your property/flat. 

Q. Can I claim the loss of rent each month I'm facing because of the society in consumer court.

A. Do you have any evidence to this effect? If yes, proceed.

Q.  Is it vail.

A. Vague query.

Q. How is the bill made to claim the loss. What amount should be put forth.

A. Quantify as per prevailing market rate, which you can prove. 

Diego stanga (Self employed)     12 June 2014

If we put our flat on lease can society issue any notice or put penalty on ous bec this society can bound to do anything they desire. They are not making us member also. Membership procedure is going on in the court of law.

T. Kalaiselvan, Advocate (Advocate)     12 June 2014

If your father had a valid title over the property, and it was his self acquired property, the execution of registered gift deed in your favor by hm is absolutely valid in law and nobody can object to it.  the society need not notice of the leter of objection of your sisters in this regard because the legal heirship issues is not at all applicable to this situation and they cannot claim any share in it nor they can object to you being issued with the membership certificate. The society's arbitral act on this issue is illegal and violation of the bye-laws and memorandum of association.  The society cannot take law into its hand on this subject and dictate terms to you.  First consult a lawyer and issue a legal notice to the society demanding your claim and then you can initiate legal action against the society appropriately.


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