paying guest issue(PLEASE HELP)

 The societies have their own bye-laws, in accordance with the cooperative societies act (as applicable to your state) and the society is not obliged to permit any paying guest arrangement. Also any tenant/licensee should have a valid agreement with the land-lord and it was his responsibility.

Get a proper agreement executed between the landlord and one of you and try if the landlord can convince the society management. Some societies also have restriction on giving the Flat for bachelors and especially on paying guest arrangements. Society has the power to regulate such arrangement and try to resolve the matter amicably between the land-lord and the society management.

My dear friend,

First you have to see the rules governing the allotment of the flat and other bylaws of the society. If there is any restriction under the  rules/bylaws  that the owner/member of a flat cannot let out the flat registered in his name, then the society has a right to issue such notice and proceed as per its by bylaws. The society, in absence of such rules/bylaws cannot issue such notice and the same would be illegal.  

You can inspect these documents and obtain certified copy from the office of the Registrar of Societies by moving an application under section 19 of The Societies Registration Act, 1860 or you can move an application under Right to information Act.

Section 19. Inspection of documents.-Any person may inspect all documents filed with the Registrar under this Act on payment of a fee of one rupee for each inspection; and any person may require a copy or extract of any document or any part of any document, to be certified by the registrar, on payment of two annas for every hundred words of such copy or extract; and such certified copy shall be prima facie evidence of the matter therein contained in all legal proceedings whatever.

Further opinion can be given after obtaining this information.

Thanking You.

Dear Ayush, for proper understanding of your position please refer the Supreme Court Judgment: Miss.Maneck Gustedji Burjarji -Vs- Sarafazali Nawabali Mirza : 1977-(001)-SCC-0227-SC:

thank you for ur helps.

Mr. Assumi where can i find the judgement .

And Mr. adesh i would surely try refering to the documents . But as per my knowledge there wont be any clause in the docment about flat letout as the building is about 20 yrs old and teneants live in other floors but in family as we are bachlors the problem is being faced by us .

Thank You

 Download the judgement.

 A society has no power to refuse to grant permission to an owner to let out his flat or keep a paying guest. Any byelaw in this regard would be invalid unless approved by the Registrar of Coop Societies. The owner of course has to follow the law of registering the agreement (leave and licence), inform the police etc. My understanding is that in the case of a paying guest, where the entire flat is not given to him and he stays as a member of the family, no agreement is required. Generally coop societies law are the same in all the States.Yet, you check if there is special provision in your State.