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Is it necessary to give copy of rent agreement to society chairman?


Date: 14 Apr 2016    Group: Lawyers    Category: Indian Law   

During the society meeting the Chairman asked the tenant to submit the copy of the agreement and police verification to him. By law does he have this authority? Also he and the society committee have increased only tenants maintenance than others. Is it legal and what actions can be taken to stop it?
Awaiting solutions to my query.


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Author: Kailash Kumar    17 Apr 2016      Member Level: Platinum     Points : 2  (Rs 2)    Voting Score: 0

The activities of housing cooperatives in various States are regulated through respective Cooperative Societies Act and Cooperative Societies Rules administered by the Registrar of Cooperative Societies appointed by the Government.
The bye-laws of the concerned cooperative societies will finally determine such issues. Though it is always advisable to sort out such issues through amicable discussions with the concerned office bearers of the housing cooperative society, but still in case so required, a copy of bye-laws should be studied thoroughly without any prejudice or bias before coming to any conclusion. Asking police verification report and a copy of the rent agreement don't appear to be an illegal action on the part of the society.


Author: Timmappa Kamat    18 Apr 2016      Member Level: Gold     Points : 3  (Rs 3)    Voting Score: 0

Asking for the copy of agreement and the police verification is not an offence at all. In fact, the police have been asking to get the whereabouts of a person and have a police verification completed before renting out your premises to anyone.
I would advice you to see yourselves in the shoes of the other dwellers of the co-operative society in connection with the issues that are being observed in the day to day life. As long as they do not know you, they will definitely have a few doubts about you as you are a total stranger to them.

In case you are the owner and you have problems with providing the copy of agreement and police verification of your tenant, I would ask you to have second thoughts about it. It is absolutely necessary in the current circumstances to take care before it is too late.


Author: Venkiteswaran.    22 Apr 2016      Member Level: Diamond     Points : 5  (Rs 5)    Voting Score: 0

The co-operative housing societies in Maharastra and those places where it is enacted and implemented in similar form are different from the co-operative societies in other places like Kerala etc.

In the former, Society is the owner and the actual flat owner is just a shareholder of that society. That has some concrete and well laid rules. So they have to be followed. There are certain stipulations in the bye-laws about renting and the duty and liability of tenants also. Sometimes an NOC need be obtained from the society for renting out.

As the tenant is going to be the resident, his actions can have its effect on the overall community living in the residence society. It may be that from then on the tenant may demand certain services from the society as a resident and may complain or co-operate also. Hence it is in public interest of all the other residents to know about the tenant, the conditions of tenancy, to avoid problems for the commonality and community living and peaceful of life of residents.

It is proper for the owner to inform about the renting out and also to introduce the tenant to the society and also to ensure that there is no due at any time. There may become situations when some services have to be stopped for keeping dues. In that case the tenant may be the affected person.

Police verification report is now a need for even engaging regular servants in one's home , in big cities. So there is nothing wrong for asking for police verification report on tenant, as the Police department themselves give such guidelines to residential societies. but that is to be provided by the owner and asking tenant may be sensitive and will not serve the purpose, unless obtained prior to moving in.

However, as a tenant is having only restricted and limited role and right in a residential society's functioning, it is always better to involve the owner to make things right and not to make matters worse.


Author: [Anonymous]    01 May 2016      Member Level: Gold     Points : 2    Voting Score: 0

So if it is ok to handover copies of rent agreement and police verification,if there is any stealing happens in furnished flat then who is responsible? Currently only tenant and owner know what's been in furnished flat . Handing over rent agreement discloses flat information to society committee members. Is it justifiable?




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