• Bachelor tenant

Hi, I am owner of the property in the apartment and i am not allowed to give my house on rent to bachelor tenant. can the society ban as per the law.
Asked 8 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) Society cannot impose such restrictions that flat should not be given to bachelors 


2) you can complain against the society to dy registrar if society refs to give you consent 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
The requirement is that flat owner should get the licensee police verification done 

2) once police verification is done society cannot object on grounds that he is a bachelor 

3) society is mere service provider to provide common services and amenities 

4) only requirement is furnish leave and licence agreement and obtain prior permission to give premises on rent 
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
No is the answer. To impose a ban on renting out the properties to bachelors is an unreasonable restraint not permissible under the law of land. The community can tomorrow pass a resolution to not to honour the judgments of courts. Such resolutions are to be ignored. You are free to rent out your property to bachelors. If the society restrains the tenant from getting the possession of property then appropriate recourse can be sought from the court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You are the owner of the society and it is your wish to use your apartment as per your requirement, nobody can restrain you to do that.

if the society will pass any direction then you have right to challenge the same before the civil court as per your requirement.

Any direction or order passed by the society can not bar or ban the fundamental right of a person/owner of the flat.
Feel Free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hi, I am owner of the property in the apartment and i am not allowed to give my house on rent to bachelor tenant. can the society ban as per the law.

The MCS Act does have not provisions for “Prohibited & Restricted” areas in the Society premises.   The Mg. Committee (MC) has compulsorily to work under the provisions of the MCS Act and .IF. The MCS Act does not provide for restrictions on “Tenants”, THEN “Bachelor Tenant” cannot be prohibited (banned) from residing in a Society, even if for whatever reasons.
The inbuilt craving to formulate Laws to govern & control other members, lead to ignorant MC’s and GB General Body (GB), to pass “illegal & invalid” resolutions, for “Prohibiting /Banning Bachelor Tenant”, from staying in a Society.  Such “selective & prohibitive” provisions /bye-laws created / amended under a “bye-law” approved /passed by the GB, is also “illegal & invalid”, leading to animosity and discontent in the Society, which also means “failure of the Cooperative Movement”.    AS IT IS, the Society or the MC or the GB is a “nobody”   or say “does not have the “Capacity or Capability” to decide the legalities of such things for which there are various Laws available.  The Society MC or the GB is not “Lok Sabha” members or Parliamentarians who are empowered to pass Laws.
If such instances in Society are a regular feature, which could also mean “constitutional failure”, then a “suo-moto” application may be forwarded to the Registrar of CHS for “de-registration” of the society registration, citing the “illegal and invalid” activities and for violation of the “Rule of Law”.
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
is there any reference in the LAW which i can refer and inform the society. i need to provide strong reply. they have taken GBM held in 2014 as reference where community has said no to bachelor tenant. this was by voting in person and there is no hard copy of signed document from the people staying.

The Society is classified as a “Service Provider”, under the Consumer Protection Act, which is further reinforced from several Judgments of the Consumer Court.
If ignorant & nuisance GB resolutions have their whimsical ways in a Cooperative Housing Society, then one can also expect that the ignorant GB may pass resolutions for compulsory  marriage between the members (as is a custom in some Indian culture)  .OR. “Compulsory sale” of flats in case the owner becomes a Widow.  This is more so since some nefarious MC’s and their cronies, are in a way, controlling the strings in a GB meeting.
If such instances in Society are a regular feature, which could also mean “constitutional failure”, then a “suo-moto” application may be forwarded to the Registrar of CHS for “de-registration” of the society registration, citing the “illegal and invalid” activities and for violation of the “Rule of Law”.
The Society does not own the members Flat (ownership property).  The Society cannot have a say (whatsoever) nor decide on the type of Tenant that could be allowed to stay in the Society.   It is the sole discretion of the Flat Owner (member) to rent his property out on rent /lease, under the appropriate terms and conditions prescribed by the Law.  ONLY the flat owner can decide the type of tenant he wants to rent out his premises, BUT within the parameters of Law (i.e. cannot rent out his premises for commercial or illegal activities and so on).
MC’s cannot restrict or restrain or intimidate any Bachelor from staying in a Housing Society, subject to compliance of minimum requirements, i.e. Registered Leave & License agreement and Tenants Police verification report.
MC’s can be criminally prosecuted for Restraining, Restricting, Intimidating, Threatening, Insulting, and so on, for restricting /prohibiting  Bachelor tenants, from residing in a Society.
Under the present Indian laws, a Bachelor-Person, can purchase a Flat in a Society, WIHOUT ANY RESTRICTIONS.  The Society CANNOT prohibit / restrict any person, who is a Bachelor or a Widow from purchasing a Flat in a Society.   The concept of Residence in a Society, is defined as “Open Membership”, under the Coop. Act, which also means “No-Restriction Membership”,  which also means “No-Caste-Barred”, No-Sex-Barred”, “No Age-Barred”  and so on….CONCLUSIVELY and LAWFULLY, it collectively means that Bachelor “OWNERS” and /or Bachelor “TENANTS”,  CANNOT be stopped from residing in a Coop. Society.
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

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

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0