• I want to let a property to a family member and not charge them rent

Since i have been transferred my job to another state and i have given my house to my brother in law family to stay and to take care of house in our absence, though we keep visiting house frequently. Is this fall under any obligation towards society - Society is charging me subletting charges without taking any consent and now society is writing us to give rent agreement and police vitrifaction? what should i do?
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

Sir you can give a written reply that flat is not given on rent the family members are staying under the permissive possession and for same.you are not liable to pay an sub letting charge as you are not receiving any rent from.them further though police verification and agreement of permissive possession in your absence can be done to safe guard.you as well as to reply to society.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No non occupancy charges are leviable when family is staying in said premises

2) no need for rental agreement and police verification

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Any amount to be collected by the society must be approved by its member in AGM and in case this kind of charges are approved by the AGM you need to pay that otherwise after sometime society will disconnect your common services in case you have any problem with the Management Committee you have all the privileges to go to the register at the society and complaint to get the direction of the society but please pay the entire bill amount to the society to keep your residence running

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Sir see if the society rules are amended and in such function in meeting of members it is decided that society shall charge for guest then they very well can charge same.and can recover same amount from you but without any prior intimation same.is recovered then you can deny same.payment can file.complaint with registrar of societies.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your parents are not staying with you

2) they visit occasionally

3) society can levy guest charges to your parents

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi, he is not a tenant but a family member ... The society cannot put subletting charges on you

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

As per bye laws subletting charges @ 10% of maintenance is to be charged. However, in view of the amount of rents being collected by the owners by giving their flats on hefty rent.

You should approach to society if they refuse send a legal notice through lawyer.

Another option available to you is to approach the cooperative court against your society or even the deputy registrar.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client,

1. See as per your question I can suggest you that see this kind of charges are approved by the AGM and you need to pay that otherwise after sometime they will disconnect your common services.

Koushalya Pattan
Advocate, Bangalore
174 Answers

If you are not living in the house that has been allotted to you then as a mandate the society will ask for rent agreement.

For the purpose of fulfilling the norms you may get a rent agreement for 11 months made.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can make a caretaker agreement with your brother in law family and give it to society

Although still society can say that you must be receiving rent in cash even though no rent is mentioned in caretaker agreement

Parents are included in family members of society member. They cannot be called guest. So charging extra for parents considering them as guest is wrong

Record refusal of society to accept maintenance from you (without the above charges wrongly imposed on you)

Also write letter to district deputy registrar of co-operative societies for your ward and inform him about these pressure tactics of society and its secretary

You can pay the maintenance to deputy registrar if society doesn't accept or you can make money order in favour of society to show that you offered maintenance but society wrongly refused

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

This is my response to you:

1. Since you do not stay there, you are bound by non-occupancy charges;

2. The smart move would be to make a 11 month rent agreement;

3. This rent agreement need not be registered as per transfer of property act;

4. Or you can make a family settlement deed wherein you allow your sister to stay out of love and affection;

5. If they trouble more, let a local lawyer speak to them;

6. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Since i have been transferred my job to another state and i have given my house to my brother in law family to stay and to take care of house in our absence, though we keep visiting house frequently. Is this fall under any obligation towards society - Society is charging me subletting charges without taking any consent and now society is writing us to give rent agreement and police vitrifaction? what should i do?

The society cannot demand the rental agreement copy when the flat has been left under the care and custody of relatives for taking care.

You may enter into a care taker agreement with the relative on a monthly payment basis to take care of the property and maintain the same properly during your absence.

This cannot be objected by the society, if they still object or demand the rental agreement etc., you may issue a legal notice to the society to refrain them from interfering in your possession and enjoyment of the proeprty in any manner and also can drag them to consumer forum for relief and remedy or to the cooperative court with an injunction suit.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

no i am making monthly maintenance bill payment excluding that Rs.500 ( under protest) and society is not accepting my payment by saying part payment is no acceptable. when i tried to discussed this get together charges matter with secretary/ chairman they didn't responded properly. pl advise how to handle this matter.

You can resort to legal process by first issuing a legal notice to the society mentioning that their demand is unjustified and illegal and you are not bound to pay anything which is illegal.

Let the society give any answer, if their answer is against you then you may drag them to consumer court for their unfair trade practices.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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