Legal Question in Real Estate Law in India

Who can reside with flat owner

I am single and have a 2 BHK flat in Mumbai. My two married sisters residing with me. Whether there is any law that married sisters can not reside or there is any limit for maximum no. of persons specify in societies bylaws. Whether society can take any legel action.

Please advise.


Asked on 6/28/09, 12:53 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Who can reside with flat owner

No. There is no law prohibiting you to allow your sisters living with you.

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Answered on 6/28/09, 2:43 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Who can reside with flat owner

No law or rule for any of the queries.

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Answered on 6/29/09, 12:33 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Who can reside with flat owner

Yours seems to be a very ridiculous question.The constitution has provided the citizens of india to live and stay anywhere they like and in any place thus:

The constitution guarantees the right to life and personal liberty, which in turn cites specific provisions in which these rights are applied and enforced:

* Protection with respect to conviction for offences is guaranteed in the right to life and personal liberty. According to Article 20, no one can be awarded punishment which is more than what the law of the land prescribes at that time. This legal axiom is based on the principle that no criminal law can be made retrospective, that is, for an act to become an offence, the essential condition is that it should have been an offence legally at the time of committing it. Moreover, no person accused of any offence shall be compelled to be a witness against himself. "Compulsion" in this article refers to what in law is called "Duress" (injury, beating or unlawful imprisonment to make a person do something that he does not want to do). This article is known as a safeguard against self incrimination. The other principle enshrined in this article is known as the principle of double jeopardy, that is, no person can be convicted twice for the same offence, which has been derived from Anglo Saxon law. This principle was first established in the Magna Carta.[23]

* Protection of life and personal liberty is also stated under right to life and personal liberty. Article 21 declares that no citizen can be denied his life and liberty except by law.[24] This means that a person's life and personal liberty can only be disputed if that person has committed a crime. However, the right to life does not include the right to die, and hence, suicide or an attempt thereof, is an offence. (Attempted suicide being interpreted as a crime has seen many debates. The Supreme Court of India gave a landmark ruling in the year 1994. The court repealed section 309 of the Indian penal code, under which people attempting suicide could face prosecution and prison terms of up to one year.[25] In the year 1996 however another Supreme Court ruling nullified the earlier one. [26]) "Personal liberty" includes all the freedoms which are not included in Article 19

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Answered on 6/29/09, 4:47 am

Re: Who can reside with flat owner

No one can make any objection except you.

You may send us your detail our legal associates can easily tackle this situation.

Regards

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Answered on 6/29/09, 6:28 am


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