Legal Question in Real Estate Law in India
I own an apartment in a building with 8 residential apartments and 7 shops.
Of the 8 apartments 5 have been commercial offices at one time or the other. One continues to operate as a business. The society has an association but no formal bye laws have ever been formulated.
As I intend to move out from this building (it is my own apartment) I intend to rent this out to a commercial establishment? The three most vociferous opponents do not pay their maintenance in time. In fact they have not paid any over the last 18 months. Can they object?
6 Answers from Attorneys
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dear client...
been the owner of the premises you have full right to sell the said property and no one can stop you from doing so...
contact me for any further details required....
11.02.2013
Dear Sir / Madam,
If there is a Co-operative Society in existence, decisions are taken by the Managing Committee and not by individual members. A member who does not pay the Society's maintenance charges is a defaulter. The byelaw No. 118(ii) clearly states -
No person shall be eligible for being elected as a member of the Committee or co-opted on it, if he defaults the payment of dues to the Society, within three months from the date of service of notice in writing, served either by hand delivery or by post (under certificate of posting) demanding the payment of dues.
It is evident from your query that the building is already virtually commercial since 5 of 8 flats are being used for commercial purposes besides the 7 shops i.e 12 of 15 members have commercial usage. I do not foresee for you to have any objections to lease out your flat in the building for commercial purposes.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
You have stated that 1) There are no Bye-Laws or a formal incorporation document of your Society; 2) Most of the premises are being used fro commercial activity.
You have not stated that other premises/apartments - is any let out or not? Nor you have stated - as to whatever formal Association you have - whether it has resolved against letting out premises on tenancy or not. I presume - there is no such resolution.
Individual member/s cannot protest, unless there is a collective decision against such letting out.
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