• Rights for tenants

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??
Asked 4 months ago in Property Law from Pune, Maharashtra
Religion: Hindu

No, it's never ever says foreigners can't be tenant, but police verification is compulsory.

Ganesh Kadam
Advocate, Pune
7988 Answers
68 Consultations

4.9 on 5.0

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

Hemant Agarwal
Advocate, Mumbai
2609 Answers
16 Consultations

5.0 on 5.0

It is not legal

A society cannot make such law As it is contradictory with Right to liberty and other Fundamental Rights of constitution.

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

You can challenge such bye law before the high court. The high court can set aside such law.

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

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.

Kallol Majumdar
Advocate, Kolkata
1623 Answers
2 Consultations

5.0 on 5.0

Hello,

No they cannot create such arbitrary law which contradict the law of the land 

Regards 

Swarupananda Neogi
Advocate, Kolkata
1064 Answers
2 Consultations

4.8 on 5.0

No it's not legal they can't make such byelaws and such complaint can be filed at dy registrar

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

society cannot discriminate against bachelors , spinsters and foreigners 

 

Complain against society before registrar 

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

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

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

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. 



 

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the above situation needs to be put before the court of law for its arbitrary ness.
  2. No, this is discrimination against he one set of group of people which is not at  all acceptable.
  3. I would advice to approach the Hon’ble High Court Inder Writ Jurisdiction for the violation of the fundamental right enumerated in article 14, 21 seeking immediate direction to set aside the same law of the society being the unconstitutional on the face of it.

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

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