I stay in Lokhandwala Complex Andheri West Mumbai in our society there are flats which have paying guests that’s the owners of the flats have kept boys or girls there are 4 to 7 staying is it legal they do not have agreement the owner does not stay in the flat.
I C Naik
Where a flat owner gives possession of whole or part of the flat whether free or otherwise [he is transferring for temporary period his occupancy right to flat to non-member. Such occupier is bound to comply with requirements of the registered bye laws of the Society as a member and that is why it is a compulsory requirement of bye-laws that such member joins the Society as a “Nominal Member” through the member who holds occupancy rights of the flat.
There are several other requirements as per bye-laws most important is prior approval of the Committee and execution of agreement to that effect. One condition is the member must join the Society in a suit for evacuation of licensee if it becomes necessary.
Were such precautions are thought about question of letting anyone occupy a flat without complying with all such requirements does not arise. Paying guest is different from licensee of a whole or part flat.
