I hv a flat on my name and given the same to one of my relatives. Can society charge sublatee charges from me?

Answer 1

Here the question of letting or subletting one's Society flat is person's own wish for which the Welfare Association of the Society as a general rule has nothing to say unless the Memorandum of the Society or the bye-laws with regard to such society has provisions with regard to letting or subletting of the Society flat owned by him. In case such provisions exist that have been agreed by all the flat owners of the society, then what ever charges have been fixed for such letting or sub-letting can be charged from the flat owner. As such this provision if it exists itself amounts to infringement of the legal right of the flat owner to use it as he or she wants for any legal purposes or purposes which are not against any public policy & can be challenged in the court of law. As far just allowing any relative to stay in the flat by the flat owner itself doesn't show that there exist any letting or sub-letting by the flat owner unless some evidence with regard to such letting or sub-letting exist to prove such an act. Merely presuming that the said flat has been let out to some relative won't hold well for the purpose of proving the use of the flat by the owner for rent purposes. The interference by any Society official in such case amounts to the infringement of the flat owner's personal liberties with regard to keeping his relatives & guest at his place of residence that will not be allowed by any court in India. The best course of action in such case is first to check the Memorandum of the Welfare Association of the Society, the bye-laws with regard to such society & if no such provision is provided with regard to the letting or sub-letting provided therein then refuse to pay any charges. In case there exist such provisions then simply challenge these extra charges on the bases of your mere refusal to admit this fact that you have ever let out the said flat to any relative for the purpose of rent or any other charges, but allowed such relative to stay there for some period of time only. If the Society files any case of recovery of these extra charges from you, the issues I discussed here should be pleaded in your defense & it should be insisted that the onus to prove that such relative staying in your flat is a tenant or sub-tenant lies on the Society & not you.

Answer 2

yes, if it is within society rules.