Co-Operative Act, 1960 Read With MCS Rules, 1961 & Consumer Protection Act, 1986 | Vkeel - Free Legal Advice

Vishal Saha

Navi Mumbai

1. Co-Owner (my father) has given a No Objection Letter stating he has no objection if the Leave & License Agreement is in my name only. Do office-bearers & MC of CHS have any legal basis to restrict my tenant on this ground. 2. Tenant and his family are having a doctor's certificate stating no fever or influenza like symptoms. Can Co-operative Hsg.Soc. insist on a negative n-Covid Test Report from my tenant and his family before allowing them to enter my flat. Is such action legally permissible. 3. I have paid the last 8 months outstanding dues of maintenance to CHS but still, some amount remains unpaid which is disputed by me. I heard that some amendments were introduced by the Govt. in 2015 in Model Bye-Laws that no NOC is required from CHS to let flat on rent. Does Co-Operative Hsg.Soc. have any right to deny entry to my tenant if I have some unpaid dues which are disputed by me. (However, till date no proceeding either u/s 91 or 101 of MCS Act, 1960 initiated by Co-Op.Hsg.Soc.)

Expert's Answers(3)

xxxxx cxxxxx
Bengaluru, Karnataka

184 Client Ratings

You may approach the civil court if your tenant is not allowed to enter even after possession such certificate. Please give me Rank 5 and Review my Resume and Follow me if my answer satisfies you.

August 31, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Since the matter pertains to the local laws it would be better to contact me local Lawyer in this connection. Please give me Rank Five and follow me after reviewing my resume.

August 31, 2020
Advocate Satej C More
Mumbai, Maharashtra

17 Client Ratings

1) The office bearer of the MC has no rights to restrict the tenant as the NOC is already given by your father. Yes the office bearer and MC has full rights if there is in completion of basic documents are not submitted by you to the society. Also need to follow all the guideline of the society. 2)The societies have to screen members/tenant and also maintain a record book of their body temperature and oxygen levels. A register of this data will be checked by the civic authority officials from time to time. In case of any positive sign of covide 19 then only the society instruct the member/tenant to do covid e test. 3) There is no society NOC is required for sales of the flat.As far as my knowledge there is no such amendment is done. in MCS Act. Also bye laws of the society is states the requirement of NOC then you have to take the NOC from the society. In case of any further consultancy please connect with me. Also review my profile and rank 5 star points to me

August 31, 2020