The problem of housing societies not allowing students as tenants making them relocate their parents to Pune so that they can take a place on rent as a “family,” as reported in The Indian Express on Friday, has a legal angle to it. While house seekers (students or working bachelors) have no say in it, house owners can take up the issue and challenge the society’s decision in the court of law.

“Non-existence of any law or bye-law for housing societies could be a reason for the problem of housing societies not allowing students or bachelors as tenants,” said Arvind Shah, advocate. “No bye-law bars any house owners from renting out or selling their property to any particular person or persons. However, a society, being a body of the apartment owners, is in a way, the owner of the land and so has the right to make rules by consent of society members. Such rules, like not allowing students or bachelors is possible by passing a resolution, in which the society members vote. Yet, if the house owner wants to rent out his property to students he has the right to challenge the resolution by calling it arbitrary,” he added.

Shah, however, said that since rules differ from society to society, so will the treatment of the case. There are societies that allow renting out of apartments to students on certain conditions and some that don’t allow them at all.

“One problems breeds another. Many working bachelors are going in for fake registered marriages just to get a house and they then go for divorce after the minimum required period of separation. Such activities are only the outcome of housing societies’ decision of not allowing bachelors as tenants,” said F Saran, a civic activist.

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