Legal Question in Real Estate Law in India

Help required

My name is Ajay,stay at Jogeshwari(e),Mumbai.

my queryis as follows:

My current residence is owned by my brother, who lives in United States for last 10 years.

I stay here with my parents, my wife and my son. Also a year and 1/2 back i bought a flat in jogeshwari not in the same society but nearby my society and that flat is on rent.

I would like to know do i have to anyway submit anything to any of the society or Registrar saying that i stay at my brother's place and have my flat rented out.

I pay taxes on the earning from the rented flat.

I had asked this as someone told me i need to make societies aware about this, but he didnt gave me entire information. Kindly help on this.

Thanks & Rgds,

Ajay Maurya


Asked on 11/05/08, 2:14 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Help required

Unless you are holding a flat allotted as beneficiary under special schemes like ULC etc., you are not required to inform about whether you are staying in your brother's flat or otherwise.

However, if you rent your flat, then you need to take permission of the society as also inform local police by submitting duly registered license agreement.

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Answered on 11/06/08, 2:49 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Help required

You may have a look at the bye-laws of the societes concerned. Sometimes, the bye-laws of a society may require that when you rent out your apt, there should be a Tripartite agreement - owner, tenant and the society - and the society may charge a nominal fee out of the rent. However, about your residing in your brother's apt, you may not need to provide any information to the society. It is fine that you are paying income tax on your rental income.

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Answered on 11/05/08, 6:28 am


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