Renting out to bachelors against society permission

Dear Mr.Harihar. It is a good thing that you've returned the token deposit to the bachelors. If your society has made a rule aginst renting out to bachelors, i believe that it is because of some particular reason, out of some bad experiences in the past. I dont understand why you want to rent out to bachelors AGAINST the society's wishes in the first place? The society OWNS all the land on which the building stands and as such, has the right to refuse permission to enter to any person it finds objectionable, let alone allow such persons to live there. Hope i have answered you satisfactorily.

check out the following link :

https://www.lawyersclubindia.com/forum/Re-Society-law-Bachelor-tenants-prohibited/14430/
 

SUBJECT TO MAHARASHTRA :

1.  Every citizen of India and non-citizens, or for that matter, Criminals, Politicians, Beggers, Lepers etc... have been granted fundamental rights under the Indian Constitution, to live (reside) anywhere in India, BUT except prohibited and restricted areas.

2.  The MCS Act does have not provisions for "Prohibited & Restricted" areas in the Society premises.

3.  The Mg.committee (MC)  has compulsorily to work under the provisions of the MCS Act and if the MCS Act does not provide for restrictions on "tenants", THEN the MC or GB  resolutions and the General Body (GB) resolutions are "illegal & invalid".  

4.  Even "selective & prohibitive" provisions created under a "bye-law" by the GB, is also  "illegal & invalid".   AS IT IS,  the society or the MC or the GB is a "nobody"   or say "does not have the capacity or capability"  to decide the legallities of such things for which there are various Laws available.  The Society MC or the GB are not "Lok Sabha" members or Parliamentarians who are empowered to pass Laws.

5.  If such instances in society are a regular feature,  then a "suo-moto" application may be forwarded to the Registrar of CHS for  "de-registration" of the society registration, citing the "illegal and invalid" activites and for violation of the "Rule of Law".

6.  The Society is concerned only with 10% extra charges over the regular service charges, as non-occupancy charges and NOTHING beyond this. No arguments, No permision or no nothing required from anybody, under the law.

7.  If such nuisance GB resolutions are allowed in a society, then one can also expect that the GB  may pass resolutions for compulsory "wife swapping" between members  OR  compulsory marriage between the members or "compulsory sale" of flats in case the owner becomes a spinster.

8.  Society does not own the flat owners premises.  It is the discretion of the flat owner to let his property out on rent/lease, under the appropriate terms and conditions prescribed by the Law.  ONLY the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commerical or illegal activities and so on).

9. The MH state Government issued an Order dated 1.8.2001 in Public Interest under Section 79 A of the said Act, there by directing the Societies not to charge non-occupancy charges beyond 10% of the service charges (excluding Municipal Taxes).  The Hon’ble Bombay High Court by its Judgment dated the 2nd March 2007, has upheld the Government Order dated 1st August 2001

The legal alternatives for a registered member are ;
1.  Filing a case for deliberate "deficiency and negligence" in the Consumer Forum, citing deliberate violation of the state govt. orders and violation of the bye-laws.
2.  Filing a case in the criminal court, for "Criminal intimidation" and "Criminal Breach of Trust".
3.  Filing a petition with the Deputy Registrar of your ward,  citing  violation of the MCS Act and the bye-laws underneath it.
4.  others (confidential)

In the event, if you want to consider the option of sending your society MC to a legal whirl-wind tour, THEN you may prefer to contact me.

Keep Smiling .... Hemant Agarwal
 

if AGm has passed resolution it is binding upon all members of the society . without NOC from society you cnanot give your flat on leave and licence or rent it out . if you are disatisfied with AGm decision laodge complaint with registrar of socieites

In my society, the MC made a rule not to allow bachelors as tenant. I need your help on this. Can you please let me know the section number under Indian law which states the rights of stay anywhere in India. I'd really like to show it to the MC and convince them that such society rule is illegal.

Previously the society was charging 30% NOC for bachelors and 10% for family as tenant. I went to local register office in Pune and lodged a complaint because I knew about the MH govt order of 1.8.2001. The register office then wrote to MC to charge only 10% NOC for all tenants. Society then reduced the charge.

Now, in the case of bachelor admission, society made a rule (passed in AGM also) that if bachelor tenants stay then I will have to pay Rs. 3000 as bachelor admission penalty to society. I really want to stop this nuisance what society is creating. So, please guide me with section number of some govt document (may be Indian law or MH societies act) which talks about freedom of stay anywhere in India except restricted areas.