• Can a housing society evict tenant if he is bachelor

I am a bachelor living in Antriksh Golf View 1 Sector 78 Noida an am a working professional. Recently the society issued a notice for bachwlors to evict the property. Is it legal for the society to do so?
We have all documents including rent agreement and police verification.Our lock in period is till July 2020.

What should I do? Please help
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

26 Answers

Society have their own by laws. With majority vote, for safety concern can pass such notice. You have no say in this matter except protection under rent act. Without due procedure of law, you cannot be evicted and entitle to complete rent agreement period and can stay longer.

Owner can assail this provision.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

It is illegal to profile any individual and make it a ground of eviction by the society. You can approach civil court by bewafa suit for injunction in order to restrain them from evicting you.

Also, complaint can be given to the deputy Registrar of societies.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear Sir,

Yes. The Co operative Housing Society can ban/refuse to the bachelors or any other particular to let out the flat as tenant. ... If there is no resolution for this particular point; then Society has no right to restrain the owner to induct thebachelor as tenant.

This is because most housing societies disallow their members from leasing their properties to bachelors, say real estate experts. So, even if the owner wants to give it on rent to a group of singles, the housing society won't give him a no-objection certificate

 

Society have no rights to do any discrimination based on marital status, race etc. Laws created by the society are called by-laws and having least preference. Constitution gives basic rights - right to live,it essentially includes its illegal to question tenants by society. Yes, at wrong doing - society can take action.

So if you are having peaceful stay no one xan evict you.

In Pune, S. P. Given order to have crackdown on society saying bachelor not allowed. Many societies removed clause officially. But still keep bugging owner on name of extra maintenance.

Owner do have rights to rent out and can set preferences.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Nops, at least till the agreement period.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Society cannot discriminate against bachelors 

 

2) ask flat owner to file complaint against society before registrar 

 

3) he can also take legal proceedings and obtain injunction restraining society from evicting bachelors 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Dear Client,

Don't vacant the house. No one can expel you to vacant the house. If anyone annoys you, you may make a police complaind.

Please, rate me.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

 

no need to bow down to pressure tactics 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Show agreement and ask them to get court order to evict you.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

No at all. This not a ground for eviction. If you something indecent then they may evict you. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Ask your flat owner to take legal proceedings against society 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

You cannot be forced to vacate your possession.

This notice is illegal, being discriminatory in terms of Art. 14 of the Constitution.

If they try to strictly enforce this notice, calling upon you to cavate, approach the High Court against your this Society. 

 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

No on the aforesaid ground you cannot evict any tenant

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Complain to police immediately.

Complain to the registrar of the societies.

Tell them of your police complaint and to the registrar of the societies.

Issue a notice to the society asking while appropriate legal action shall not be taken against your unlawful acts and why appropriate amount of compensation shall not be claimed for infringement of my fundamental and statutory right to live anywhere peacefully  by abiding law. 

File the suit after 15 days if the do not revert back. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. society's action is illegal

2. if any society person requires you to vacate, they cannot do so without following the due process of law

3. society has no business to act arbitrarily 

4. so do not bother and relax

5. if at all the society threatens of any legal action, then let them proceed, since it will fail miserably

6. your licensor has full right to challenge the society's decision. The flat is purchased by your licensor on ownership basis. Therefore the society cannot behave like a private landlord

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Dear Concerned, 

 

You are covered under Article 14 of the Constitution of India , most of the RWA's have been discriminating between the bachelors and the family tenants , as the bachelors supposedly creates more nuisance and evade public peace. 

 

In your case you may choose to file a written complaint to the local police that you are being harassed by the society and such notice are being sent further you may then file an injunction suit against such illegal eviction. 

 

 

Best of Luck 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

1. There is no way the society can evict a tenant without taking recourse to law.

2. In other words a tenant can be ousted from the tenanted property only by filing  a suit for eviction on the grounds mentioned in the Rent Act.

3. So lodge a complaint with local police so no force can be used against you to oust from the housing complex.

Devajyoti Barman
Advocate, Kolkata
22775 Answers
484 Consultations

5.0 on 5.0

- Constitution gives basic rights to every one  -Right to live. Hence it is illegal to force a tenant for eviction on the basis of bechelors.

- But , if some one doing wrong then Society can say to evict the premise.

- Further, every member of the society has the right to give his flat on rent , and the society cannot restrict on the basis of bachelors or spinster.

- If, the society is trying to do so, then you should lodge your complaint with the police station , or you can file a case to continue as a tenant.

- Further , your landlord can also take step against them as well.

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

First upon, your society cannot compel your owner unless and until if he has given in writing, also society cannot tell that, do not rent to bachelor person in their housing society. These rules are made by your society members only, there is no any such kind of rule .
But dear sir my advice is that , first upon you plz go through the clause/s of your Leave and License Agreement, whether your landlord has any right to tell you to vacate the said flat for any reason, which was not mentioned in your rental agreement or any clause regarding bachelor.
Plz tell both of them, your society as well as your landlord to show me the legal provision on that. If they are saying, “ to vacate the rented premises because the society passed a resolution that bachelor tenants must not be allowed in the society” then tell them to give us in writing.
Also tell me when you have entered in leave and license agreement and the date when society passed such kind of resolution. If you have entered in rental agreement prior to pass resolution, then you can claim compensation from both of them. Bcaz at the time of agreement no one has informed you such kind of rule regarding bachelor.
But assuming that , if your owner has signed any kind of Agreement / Contract or by laws of society (prior to rental agreement with you) where having a clause, “ not to sublet to bachelors” then only they have right to tell you to vacate the flat. But after that if owner and you have entered into leave and license agreement then we can say that your owner is in breach of the agreement/contract or by-laws which he was entered with the society. Then you can claim compensation from your owner as he has not informed you such kind of rule prior to execute rental agreement .
You are only bound to your rental agreement and its terms and conditions but if you breach any clause of your rental agreement or any rule then in that case only, they have right to tell you to vacate the said flat, otherwise no one is liable to disturb your possession till the time as per your rental agreement.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

consult local lawyer immediately and take legal action against society and owner. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No it is illegal society has no such right to evict the bachelors or the tenants. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No you donot have to vacate property and they cannot force.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Deny them that you shall not leave and further if they try to force file police complaint. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No society cannot issue such notification as it is illegal according to law. as it violates the right to live freely as per constitution of India.

If they force you then you can approach court for permanent injunction against the society to restrain them from evicting you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

an a housing society bar its members from letting out their flats to students, bachelors, spinsters and foreigners? The legal answer is NO. ... Also, they don't provide for restrictions on “Tenants”, then “Bachelor Tenant” cannot be prohibited (banned) from residing in a Society, even if for whatever reasons

You can give a reply notice stating that the society has no right to restrict the bachelors from residing in the flats.

though it is the legal right of the owner to lease his property, the housing society in which the flat is situated, too, has a say in it. Individual societies are legally empowered to deny tenancy based on their bye-laws . In many cases , such bye-laws are interpreted in a certain manner in order to achieve this. However, they have no constitutional right to do so.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You dont vacate the flat merely on the basis of the notice received, you may agitate this and wait until the house owner instructs you to vacate.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can ask them to follow due process of law to evict you and they cannot indulge in any such illegal act to forcibly evict you.

In the meantime you may file an injunction suit against the society before the court of law to restrain the society from forcibly evicting you other than by due process of law.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer