Legal Question in Real Estate Law in India

Society Laws on renting apartment

I have leased out my apartment and am a Member of a society and pay all maintenance including Non-Occupancy charges and now my society has passed a law against subletting / renting of flats in the society because I brought to their attention that they are charging over 100% more for Non-Occupancy charges when the law says not more than 10% of regular maintenance charges. The Society has agreed to their error on their part but now to deviate from the subject have passed this resolution that NO MEMBER SHOULD BE ALLOWED TO RENT OUT THEIR FLAT.

Is this lawful? Can they do so on the basis of majority of votes? because the members voted 7/3 on not allowing members to rent / sublet their apartments.

Is it possible to have the Bye Law number where it says that a member can rent out to anyone. This apartment is in Mumbai and under the Registrar of Societies.


Asked on 5/01/07, 2:11 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Society Laws on renting apartment

The Resolution of the Society completely banning its members to let their premises is illegal and as such void/non-est and as such members are not bound to abide by the same.

If you want, you may apply to DDR concerned to have this Resolution declared void/non-est formally.

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Answered on 5/02/07, 2:45 am


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