Short Answer

Yes, leasing your flat long-term (10 years) may be treated differently by the society.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 deals with the leasing of flats in cooperative housing societies. This section states that a member of a cooperative housing society can lease his flat for a period exceeding three years only with the prior written consent of the society. The society may impose certain conditions or restrictions on such long-term leases to safeguard the interests of the society and its members.

Additionally, Rule 148 of the Gujarat Cooperative Societies Rules, 1965 provides further guidelines regarding the leasing of flats in cooperative societies. According to this rule, the member leasing the flat must inform the society in writing about the lease agreement, including the term of the lease and the name of the lessee. The society may also charge a nominal fee for granting permission for such long-term leases.

In practice, when a member intends to lease his flat for a long term, he must submit a formal request to the society along with all necessary details of the lease agreement. The society will then review the request and may conduct a background check on the proposed lessee before granting permission for the lease. The society may also enter the details of the lease agreement in its records for future reference.

Real-world Scenarios

• Mr. Patel, a member of a cooperative housing society, decides to lease his flat for 10 years. He submits a request to the society along with the lease agreement and details of the lessee. The society reviews the request, imposes certain conditions, and grants permission for the lease after due diligence.

• Ms. Shah leases her flat for 15 years without obtaining prior consent from the society. The society takes legal action against her for violating the cooperative housing society rules.

Overall, long-term leasing of flats in cooperative housing societies is regulated by the Gujarat Cooperative Societies Act, 1961 and Rules, 1965 to ensure transparency and protect the interests of all members.

References

• Section 73 of the Gujarat Cooperative Societies Act, 1961: Official PDF

• Rule 148 of the Gujarat Cooperative Societies Rules, 1965: Official PDF