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have given my flat on rent have given my flat on rent

2 months ago

have given my flat on rent. The society has still not transferred shares under my name. Under which byelaw can society stop my tenant from renewing the contract. After father death I am the nominee and society is waiting for AGM to decide on transfer.

Anik

Responded 2 months ago

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A.Dear Client,

The society cannot object to the renewal of a rent agreement between a flat owner and a tenant unless the tenant violates society rules and faces objections from other flat owners. Such objections from the society are considered unfair with potentially hidden motives. To address this issue, you can file a complaint before the Registrar or Deputy Registrar of the Society seeking resolution. Transfer of ownership for the deceased owner's flat to the nominee is typically discussed in the Annual General Meeting (AGM) of the society, addressing multiple applications received throughout the year. This process is not conducted on an individual basis but is decided collectively.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Until and unless a tenant violates any rules of the society and receives any objection from the other flat owners against the tenant, society cannot raise any objection against the renewal of the rent agreement between the flat owner and the tenant. And such an objection on the part of Society amounts to unfair practice with ulterior motives. You can raise your voice against the society by filing a complaint before the Registrar or Dy. Registrar of the Society for a resolution in the matter. The agenda for the transfer of ownership of the flat of the deceased owner in favour of the nominee is usually taken in the AGM of the society to decide the matter in a bulk manner on receipt of the applications from the nominees around the year. This kind of job is not done in a piecemeal way.
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Vidhi Samaadhaan Vidhi Samaadhaan

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