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Can housing society refuse bachelors?

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We all know young bachelors living in major cities like Delhi, Mumbai, or Pune have a significant likelihood of experiencing difficulties while searching for an apartment. This violates the fundamental right to live without experiencing any form of discrimination based on your gender, religion, class and marital status for that matter. I also faced challenges while finding a house to rent. I asked many people can housing society refuse bachelors; I got to know a few things which I feel might help you if you are facing similar challenges.

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Can housing society ban bachelors?

The society is an identified service provider under the Consumer Act. The society is accountable to its members, who also include their renters, for providing basic services and for maintaining public facilities. Society is not considered to be a property owner. They are therefore incapable to control the kind of renters who are permitted to occupy the property. The decision to rent out a property to any renter comes completely under the owner's authority.

All people in India are guaranteed the basic freedom to travel and reside anywhere they choose. It is with the exception of prohibited and restricted areas, under the Indian Constitution's Fundamental Rights. Neither the Banned nor the Restricted areas apply to residential areas or flats. A bachelor tenant's ability to fit into society can therefore not be restricted for any purpose. The Indian Constitution's Article 19(1) is clearly violated by not permitting bachelors. This will help you understand can a housing society ban bachelors.

What are the limitations of a housing society?

  • The Constitution does not contain any provisions prohibiting the rental of a home to bachelors.

  • Any law that violates your fundamental rights may be questioned in court.

  • Even if your society decides anything depending on the number of votes, such judgement will not stand up in court.

  • The only limitations that the Society may set are on whether the property may be rented out for a profit.

  • Society may establish activity regulations for the protection of the residents.

  • The housing society rules do not have the same authority as the law.

  • Societies cannot disregard fundamental rights or adopt legislation that is unconstitutional.

This is what I noticed about can housing society refuse bachelors.

Read More: Why societies don’t allow bachelors? Why do owners prefer not renting apartments to bachelors? What are the tenant rights in India?

Wondering can society restrict bachelors tenants? Let me help you out.

The housing societies have their own set of bylaws and rules governing the bachelors tenancy. These bylaws also address membership criteria.

Some housing societies have rules regarding the bachelors tenant restriction.

Here are a few important points about

society rules for bachelor tenants

to consider:

  • Housing societies cannot discriminate against individuals on their marital status. It is a violation of equality under Indian law.

  • If a housing society refuses bachelors from becoming members or residents, it can be legally challenged. In some cases, the court has also ruled against such discriminatory practices.

  • If the

    Housing societies want to change or remove discriminatory clauses, members of the society can amend their rules and regulations.

  • Some states or municipalities also prohibit housing societies from discriminating against individuals based on their marital status.

  • If someone is facing discrimination from a housing society due to bachelor status, can consult with a lawyer who specializes in housing and real estate matters.

So it is clear that the

society can not restrict bachelors tenants.

 

Let No Broker assist you with legal work

Read more

Who Cannot Become Committee Member of Housing Society

Where to complaint against housing society?

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