A common issue many flat owners face in cooperative housing societies is the objection raised by managing committees when renting out their premises to unmarried individuals. A recent example involves a flat owner wanting to let out their unit on a leave and license basis to an unmarried brother and sister, both in their 40s. The society is objecting, citing a general body resolution that disallows bachelors or spinsters from residing in the society.
This raises a critical question: Are unmarried siblings not considered a family? And does the society have legal grounds to block such an arrangement?
Unmarried Siblings Qualify as ‘Family’
As per the Model Bye-laws of Cooperative Housing Societies, the term family includes:
“Husband, wife, father, mother, sister, brother, son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandson, and granddaughter.”
Under this definition, unmarried siblings clearly qualify as a family unit, and cannot be treated at par with a group of unrelated bachelors or spinsters.
Societies often pass resolutions to maintain decorum and minimize complaints often associated with groups of bachelors sharing flats. However, blanket resolutions that discriminate against individuals based on marital status—without reasonable grounds—may not be legally enforceable, especially when the people in question are family members like a brother and sister.
Do You Need Permission from the Society to Execute a Leave and License Agreement?
No, you are not legally required to obtain permission from the managing committee to enter into a leave and license agreement. However, you must intimate the committee in advance and comply with the documentation requirements.
As per Bye-law 43 of cooperative housing societies:
- The member must inform the managing committee at least eight days before subletting the flat.
- A copy of the leave and license agreement and the police intimation receipt must be submitted to the society.
Importantly, there is no requirement to introduce the licensee to the managing committee for prior approval.
What If the Society Still Objects?
If the society continues to object even after the flat owner has complied with the byelaws and proved the familial relationship of the licensees, the owner has the right to escalate the matter.
Under Bye-law 174(B), any dispute related to a society’s resolution can be taken to the Cooperative Court for adjudication. In such cases, it is advisable to maintain documented communication with the managing committee and seek legal advice if needed.
Best Practices for Owners
- Submit all documents including Aadhaar copies, leave and license agreement, and police verification to the society well in advance.
- Clearly communicate in writing that the licensees are siblings, supported by government-issued ID.
- Maintain a record of all communications with the managing committee.
- Seek legal recourse through the Cooperative Court if your rights are being arbitrarily restricted.
