• Harassment from Housing society

Respected Sir. We have rented our apartment in a housing community to a group of bachelors. Its been just 3 days the tenants have moved in, the community is threatening them and harassing them, heavily scrutinizing their movements and interfering in their personal matters.
Please let us know if we can give to notice to the community to stop harassing them.
They have been circulating some bye laws saying no bachelors as tenants with out a registrar stamp on them , also a poll has been conducted in the society where majority have said yes for bachelor tenants.
Appreicate an help on this.

Thanks in Advance.
Vaishnavi
Asked 7 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
society cannot discriminate against bachelors 

2) you are at liberty to give your flat on rent to bachelors

3) any bye laws which restrict flat owners to give flat on rent to bachelors would be illegal

4) you can file police complaint against society or its members if they harass your licensees 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
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Please let us know if we can give to notice to the community to stop harassing them.

Yes, on the basis of a complaint fro our tenants you can issue a legal notice to the secretary/president of the society to restrain themselves from interfering with the peaceful possession of your tenants in the tenanted property.




They have been circulating some bye laws saying no bachelors as tenants with out a registrar stamp on them , also a poll has been conducted in the society where majority have said yes for bachelor tenants.

The society cannot make any bye-laws restricting the bachelors from staying in the tenanted house or the rented flat.A resolution passed in this effect is also illegal and invalid in the eyes of law. 
Property rights are rights in rem. In rem rights are enforceable against the entire world. 
So the person who is owning a property has the absolute control over his property. He can decide who to transfer it to or allow to live in it without owing any answer to anybody.
Your own house is your property and if you wish to rent out your premises to Bachelors, society can not ban it. You in your individual capacity can sue the society for making such rules which infringe your rights to enjoy your
property as you deem fit.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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1. The tenants as well as you can file a police complaint to the nearest police station against the members who are harassing them. There is no law that prevents the property from being rented out to bachelors.  By a majority vote like minded people cannot gang up to trample the rights of those in minority. 

2. If required a suit for injunction may also be filed against the society to restrain them from harassing the tenants.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
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you should file a injunction suit against this harassment because there is no such provision made in co-operative society act and if made in society bye laws with approval of AGM you can challenge its validity

 you can file a complaint before the sub divisional magistrate under section 145/146 of the CRPC for prevention of this activities. 

 
Shivendra Pratap Singh
Advocate, Lucknow
2799 Answers
41 Consultations
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