• Our society is made up of plots. Plot holders are owners. One plot owner has given building for student housing without consent.

Our society is made up of 24 plots for residential use. Now one plot holder has given his two storied building for students housing and stays in another suburb. Along with stay meals are served through a care taker.to students 
Is this activity allowed under the co operative act.
Asked 1 year ago in Property Law
Religion: Hindu

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9 Answers

He has converted his plot to commercial use as hostel for students .it is not allowed .

prior permission of society ought to have been taken 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

First name member can stand for election . If any of other 2 owners desire to do so they need to obtain consent in writing from  other joint owners 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

This is the decision of the owner to allow his plot as PG to cater to the needs of students.

However, since it is considered as a commercial activity he may required to obtain permission from society and licence from local civic authority.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Even if there are joint owners, only one shall be permitted to participate in the election hence one of them can sign the form prescribed by the society for this purpose 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If all are members then signature of all. Or other two can authorise one person 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- As per rules of housing society, No commercial use of property in housing society, 

- Other side, A fixed area can be legally used for commercial purpose limited to official use only , i.e. can be used for services by resident advocates, chartered accountants, doctors ,tutorials, dance and yoga classes.

- Further, one can use the bungalow/ flat for commercial purpose provided, no production or manufacturing activity is conducted and the commercial use shall be completely professional in nature, and it should not cause nuisance to other dwellers of the society, but, approvals from the housing society are required.

- Hence, the society has the right to stop him from renting the students after kept in mind that the said activity will create nuisance in the society. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. It depends on the Resolution passed by the Society or as per the Bye Laws of the Society.

 

2. Unless specifically prohibited by the Resolution passed by the members in the GB meeting or the Bye Laws, there is no hurdle in keeping the renting it to students.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. First check up whether share certificates & membership of a Society in your place can be issued in favour of three persons for one flat or not.

 

2. It is not allowed in West Bengal.

 

3. If it is allowed in your place, act as per the prevailing Act in your place.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Client,

Commercial activities are typically not permitted within residential societies unless specifically allowed by the society’s bylaws and with proper approvals. Using a residential property for student housing and providing meals would generally be considered a commercial activity. Such use could be in violation of the cooperative society's rules, as it transforms the residential space into a quasi-commercial establishment. Check your society's bylaws or rules to see if they address or permit commercial activities or specific uses like student housing. If the bylaws do not address this scenario explicitly, the plot holder might need to seek approval from the society's committee or general body.

If the plot is jointly owned, the signature requirements for form 10A can depend on the nature of joint ownership. Typically, for joint ownership, the signatures of all joint owners are required to authorize one person to act on behalf of the joint owners. Since cooperative society rules can vary slightly, it is best to check with your specific society's rules or the election officer regarding the exact requirements for signatures on Form 10A. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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