Legal Question in Real Estate Law in India

Mumbai CHS

My Widowed Mother is a 60yr old retired band employee and has No Pension.

Seven years ago she had booked a flat while she was still working in a MHADA/World Bank sponsored project and after allotment has been accepted as a Member of the registered CHS.

Last year the society had passed a resolution banning Renting out of members Flats.It was her sole source of income as she does not draw any income.She complied and now I -the married Daughter stay in the flat(rent free),since due to proximity to a Construction site(Dust and Noise issues) and her failing health my mother cannot stay here.

My Mother stays in a Flat which is registered in another society in my name

This year they hope to pass a resolution Forcing members to ensure that the members on whose name the Flat is registered have to necessarily stay in their own flat failing which,it will have to be locked up or sold.We have already been approached by members of the managing committee informally asking us to sell the flat to their sons/daughters.

Does the law permit the Society to pass such resolutions ?

Can I become a Nominee or Associate member of the CHS where my mother is a


Asked on 6/17/07, 6:58 pm

3 Answers from Attorneys
kavitha balakrishnan kpp associates

Re: Mumbai CHS

the action of the members are illegal - but we need to view the society's by-law and rules for further recommendations

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Answered on 7/01/07, 1:10 pm

Re: Mumbai CHS

The act of the society is illegal.Owner is free to use the property in its own manner.society can not act in arbitrary manner and can not restrict the right to enjoyment of the member.Consult an advocate with all particulars.

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Answered on 6/17/07, 10:56 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Mumbai CHS

Entire approach and activities of CHS appears to be illegal. In case you have time and money, fight it out. In any case, you can definitely become a co-member with your mother.

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Answered on 6/18/07, 1:07 am


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