Can a housing society force a resident to vacate or sell the flat?
Can a housing society force a resident to vacate or sell the flat?
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Can a housing society force a resident to vacate or sell the flat?
A majority vote may allow a society to take disciplinary action, but it does not automatically give it the power to evict an owner or force a sale
Can a housing society force a resident to vacate or sell the flat?
Society cannot force flat sale/vacation by resolution.
Ownership distinct from society membership.
Legal process needed for possession, not just resolution.
You bought the flat, registered it in your name and have been paying the society’s maintenance charges. But what if your neighbours vote against you and the housing society passes a resolution asking you to vacate, or even sell your home? Can a majority of residents really force you out of a property you legally own?
The answer is no, not merely through a resolution. A housing society can take action against a member for violating its bye-laws or applicable rules, but a society resolution does not automatically cancel ownership, force a sale or give the society the right to take physical possession of the flat.
Can a society force an owner to sell the flat?
A majority resolution, even one backed by the required voting threshold, does not by itself compel an owner to sell the property.
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