Mumbai Housing Society Queries: ‘Brother, Sister Staying Together Should Be Considered As Family,’ Says Expert | File Pic (Representative Image)
Q. I want to give my flat on a leave and license basis to a family of two (brother and sister), both in their 40s and unmarried. The society is objecting that they will not allow a bachelor/spinster to stay in the society as per the resolution passed by the general body. I have submitted their Aadhaar card copies to the committee to show they are siblings. Are an unmarried brother and sister not considered family? Also, is it mandatory for a member to introduce a prospective licensee to the managing committee before executing a leave and license agreement? – Babita Rajani, Andheri
A. Unmarried siblings can be qualified as a family. Byelaws define family to mean a group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, daughter-in-law, brother-in-law, sister in-law, grandson, and granddaughter. It is neither possible nor necessary that all the families will have this many people staying together in one flat. Thus, brother and sister staying together should be considered as a family and not a set of two unmarried individuals. There must have been some reason for your general body to have passed a resolution not allowing bachelors to stay in the society. Your case is peculiar and needs to be dealt with differently. It is not necessary to introduce the licensee to the committee. Permission of the society is not required to give your flat on leave and license.
As per bye-law 43, you are required to inform the committee of giving your flat on a leave and license basis and submit a copy of the same and a copy of the police intimation report. Intimation must be given to the managing committee eight days before subletting the flat. You may present your case before the committee. Any dispute regarding the committee’s resolution falls under the Cooperative Court’s jurisdiction as per Bye-law 174(B).
Q. I suspect financial irregularities in the managing committee’s accounts, and they are not cooperating or providing valid explanations. I wish to apply to the Registrar for an inquiry. Are there any requirements I must fulfil before applying, and who will bear the cost of the inquiry? – Ashish Kumar Jha, Mulund
A. Any individual member cannot file an application to the Registrar to conduct an inquiry into the affairs of the society. You will need at least 1/5th of the total members of your society to file such an application. You will be required to give sufficient documents/justifying why you believe that there are financial irregularities. The Registrar, on his own, may also conduct an inquiry or on the basis of a special report filed by the auditor of the society. Before holding such an inquiry, the Registrar may require you as an applicant to deposit such an amount towards the cost of the inquiry. The amount will depend on the nature of allegations and the inquiry involved. If the allegations are substantially proved, the deposit will be refunded to you.
The Registrar may apportion the cost, fully or partly, between the society, past members, or past officers based on their involvement. He must pass the order within six months of receiving the Inquiry Report. If your allegations are found to be false, vexatious, or malicious, the Registrar may order you to bear the inquiry costs. If the allegations are not proven but are not false or malicious, the state will bear the cost. Refer to Section 83 of the MCS Act and Rule 71 of the MCS Rules for details.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to [email protected]
