No, it's never ever says foreigners can't be tenant, but police verification is compulsory.
We have a society which has passed law that students bachelors spinsters and foreigner not allowed...One side our country says Ati thi dev bhav and other side this...Is this even legal?? Does Housing Soc Bylaw be contadicting country laws??
1. It is absolutely illegal and a criminal offence to restrain /restrict Bachelor Tenants /Spinsters to reside inside a Society building.
2. Visit the following link for answers to most of your queries:
https:// chshelpforum .com/bachelor-tenants
It is not legal
A society cannot make such law As it is contradictory with Right to liberty and other Fundamental Rights of constitution.
I would like to say that there is a very narrow line of difference in ownership apartment and cooperative society apartment in regard to indepndence of owners. In ownership flat you enjoy the full ownership of your property and therefore can take independent decision as to how you use your property in lawful way. But a society from its very benigining grows upon the principle of mutual consent of all owners which at later stage also remain effective as regards to selling, renting out, occupation etc. including may other transaction or uses of such property.
So there is some legal bindingness of being in agreement with others, in case of society flats, which is not present in any way in ownership flats.
society cannot discriminate against bachelors , spinsters and foreigners
Complain against society before registrar
Society can adopt such restrictions only if there is past history of repeated nuisance or threat due to such class. Otherwise such bye law can be challenge in court.
Society can
In case of Sanwarmal Kejriwal vs. Vishwa Cooperative Housing Society, Hon’ble Supreme Court upheld the owner’s right to keep tenant of his choice.
In Case of St. Anthony’S Co-Operative, Bombay High Court came out with strong observation and rejected the amended bylaws by which the Society wanted to restrict membership to a particular religion.
if society take the decision to debar the tenants with majority’s resolution, such resolutions are not maintainable in court of law.
There is no law restricting the society to not to allow bachelors or students or spinsters from taking the flats on rent.
It is a local bye law which has been passed by the association in a meeting by the majority members.
If someone challenges this bye law then the association would be directed to withdraw such restrictions by an order of court of law.
With regard to allowing a foreigner to occupy the flat on rent there are some restrictions imposed by government i.e., to verify their veracity and their passport, their purpose of staying in this country and to inform the police about such people etc.