• Bachelor renting flat, fine to flat owner by society

I have a flat in New Mumbai area. I rented my flat to bachelors. After few months, society decided that owners should not rent it to bachelor and remove bachelors in 30 days other wise they will fine Rs 3000 per month and 1.5% pm interest on the unpaid fine. After few months, they added this fine amount in quarterly maintenance statement. Now I have rented the flat to a family however still getting this bachelors fine amount along with interest added. 
Can society do it ? and what are my options against this so that I dont have to pay this fine?
Asked 5 months ago in Property Law from United States
Religion: Hindu
1) society cannot discriminate against bachelors 

2) society cannot levy fine at Rs 3000 per month for giving flat to bachelors 

3) issue legal notice to society to waive the fine 

4) if society refuses file complaint before consumer forum against society to set aside resolution imposing fine 

5) in alternative move cooperative court against society
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
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HI
1) Your society seems to have acted in an arbitrary and dictatorial manner. 

2) Society can only impose restrictions on whether the property can be let out for commercial or residential and not other wise.

3) To the best of my knowledge, there is no law in our Constitution that a property cannot be let out to bachelors. 

4) When there is no law stipulated in the constitution, society also cannot impose such restrictive tenancy clauses.

5) Now that you have family staying in your apartment, you should inform the society in writing to cancel the fine amount and interest . 

6) You can challenge the society on fine amount and interest levied when you had rented the property to bachelors by filing a suit against the society either with Registrar of societies or civil court.  

7) Please be informed that a society CANNOT IMPOSE FINE OR PENALTY in whatsoever manner except for non payment of maintenance charges. 

Hope this helps


 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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There is no legal system in place to counter owners and housing societies refusing bachelors to stay in their apartments. 

The right to allow tenancy lies with the owner.  

The title of ownership clearly mentions that the person may use the said property in any manner as desired. 

Therefore, if the owner wishes to give the flat on rent to the bachelor, it is legally valid and nobody can stop him from doing so. 

Actually you should not have allowed or agreed to pay extra maintenance when the society demanded.

The society has no powers to put restriction on you even if there is a resolution passed in this regard.

You could have taken p this matter with the registrar of societies or registrar court itself 

Well you can issue a legal notice for charging the extra maintenance even now while there is a family residing in the flat and get it corrected or drag the society to the court of law. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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This is now increasingly been done in many cities but it is absolutely illegal. Do not pay the fine. If they go to court through a recovery suit then contest it fittingly.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1. Society can fix conduct rule for the safety of the dwellers,

2. It is against the civil right to stop any body to earn living by renting flat,

3. You can file a complaint before the registrar of Co-operative societies and if no action is taken, you can file a writ Petition against the said registrar making the society also the private party praying for relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
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