Housing societies often pass general body resolutions restricting bachelors or spinsters from residing in the premises, usually citing concerns of discipline, security, or past experiences. However, such blanket restrictions must always be tested against the Model Bye-Laws and the rights of members. In your case, the proposed licensees are an unmarried brother and sister, both in their 40s, which raises an important legal question: Are they a “family” under society bye-laws or merely two unmarried individuals?
Definition of “Family” Under Society Bye-Laws
The Model Bye-Laws of Cooperative Housing Societies clearly define the term “family”. The definition includes a wide range of relations such as father, mother, sister, brother, son, daughter, and several other close relatives. Importantly, marital status is not a condition under this definition.
It is neither practical nor legally expected that every family must consist of multiple members living together. A brother and sister living together fall squarely within the definition of family, and therefore cannot be treated as bachelors or spinsters living independently. On this ground alone, the society’s objection lacks legal backing.
Validity of a Resolution Banning Bachelors
A general body resolution cannot override the bye-laws or curtail a member’s lawful rights. While societies may regulate occupation to maintain order, a blanket ban on unmarried persons—without considering the factual situation—can be arbitrary and discriminatory.
Your case is distinct from a typical “bachelor tenant” scenario. Treating siblings as unrelated individuals merely because they are unmarried is legally unsustainable.
Is Society Permission Required for Leave and License?
A common misconception among societies is that prior permission is mandatory before renting out a flat. This is incorrect.
As per Bye-Law 43:
• Permission of the society is not required to give a flat on leave and license
• The member must inform the managing committee
• A copy of the leave and license agreement must be submitted
• A police intimation report must also be provided
• Intimation should be given at least eight days before subletting
There is no legal requirement to introduce the prospective licensee to the managing committee before executing the agreement.
Role of the Managing Committee
The committee’s role is limited to recording details for administrative and security purposes. It cannot sit in judgment over the personal composition of a lawful family unit, especially when identity proof (such as Aadhaar cards) has already been provided.
What If the Society Continues to Object?
You may first present your case formally before the managing committee, pointing out the definition of family under the bye-laws. If the society persists with its objection based solely on marital status, the issue becomes a dispute under the Cooperative Housing Society framework.
As per Bye-Law 174(B), such disputes fall within the jurisdiction of the Cooperative Court, where arbitrary resolutions and unlawful restrictions can be challenged.
Conclusion
To summarise:
• Unmarried brother and sister are legally a family under society bye-laws
• Society cannot treat them as bachelors/spinsters
• Prior permission is not mandatory for leave and license
• Only intimation and documentation are required
• Arbitrary objections can be challenged before the Cooperative Court
The society must act within the framework of law and bye-laws, not personal notions of what constitutes a family.
