Short Answer

Yes, you can rent out your flat, but you may need the society's permission as per the Gujarat Cooperative Societies Act, 1961 and Rules.

Detailed Explanation

Section 63 of the Gujarat Cooperative Societies Act, 1961 states that a member of a cooperative housing society can transfer or create a charge on his interest in the property with the prior written consent of the society. This means that if you want to rent out your flat, you would need to seek permission from the society before doing so. This provision is in place to ensure that the society is aware of any changes in occupancy and can maintain control over who resides in the premises.

Furthermore, Rule 56 of the Gujarat Cooperative Societies Rules, 1965 elaborates on the procedure for obtaining permission for the transfer or lease of a flat. The rule specifies that the member must apply to the society in writing, providing details of the proposed transfer or lease. The society then has the authority to either grant or refuse permission within a specified time frame. Failure to obtain permission can lead to legal consequences and may result in penalties imposed by the society.

In practice, this requirement ensures that the society can regulate the tenancy agreements within the premises, maintain the overall harmony and security of the society, and prevent any unauthorized occupants from residing in the flats. It also allows the society to keep track of the changing demographics of its members and ensure that the cooperative spirit is upheld.

Practical Examples

• Mr. Patel wishes to rent out his flat in a cooperative housing society. He submits a written application to the society detailing the terms of the lease agreement. The society reviews the application and grants permission after verifying the credentials of the proposed tenant.

• Ms. Shah decides to sublet her flat without seeking permission from the society. The society discovers this unauthorized subletting and issues a notice to Ms. Shah, asking her to rectify the situation within a specified time frame.

• Mr. Desai seeks permission to transfer his flat to his son as a gift. The society examines the request and approves the transfer after ensuring compliance with the legal requirements.

References

• Section 63 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 56 of the Gujarat Cooperative Societies Rules, 1965: Official PDF