• Formation of Tenants Association in a pagdi property by the tenants

We are under the process of forming a tenants welfare association in a pagdi tenanted building in mazgaon mumbai, but we are not allowed to use the words like tenants, residents or even building in the title except only a welfare association like abc welfare association. why can't we use a name as abc tenants welfare association or abc building tenants welfare association or abx building residents welfare association. 
Please help.
Asked 6 years ago in Property Law
Religion: Muslim

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7 Answers

 

1) you would need consent of the tenants to form a association

2)call a meeting of all tenants

3) at said meeting resolution should be passed signed all tenants that an association would be formed of all tenants

4) that bank account would be opened in name of the tenant association

5) that following members shall be office bearers of association and shall operate bank account on behalf of the association and carry on correspondence on behalf of all tenants with the landlord

 

6) submit individual KYC documents like pan number, aadhar and address proof.

 

7) you have not mentioned who has objected to you using words tenant association 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

It's ok welfare Association represents all. 

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. firstly i do not understand why permission of the Charity Commissioner is needed to form an association of persons of tenants of a pagdi building???

2. no transfer or sale of the building is happening [assuming the landlord is some trust] by forming such an AOP

3. Secondly assuming permission is indeed needed, then i curiously would like to know the reason given by the Charity Commissioner's office to not use the words like tenants, residents, building, etc???? it just does not make any sense!! Defies common logic!

4. thirdly even if the said words are not used, i do not see any dilution of the AOP as such. The words signifying the title of the AOP are not important [unlike in mandatory cases of companies under companies act or societies under the societies act]. What is important is the purpose for which such an AOP is formed. It is only for the purpose of liasoning with the landlord trust or for management of the building premises, etc. 

5. hope i have been able to somewhat answer your query. 

6. if you can get me the reason against not using the words as described by you in your query, from the CC office, i can look up into legal provision [though i dont think there is any such legal provision containing such an absurd restriction]

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

registration as welfare association would not dilute purpose under the rent act or your interaction as welfare body for tenants 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You can form Resident welfare association which include tenants as member it will not restrain you from being member of welfare association.

You should proceed with Name resident welfare association.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If the rule do not permit you to use the word tenant how do you think that you will be permitted to use the same to form an association using that word ; 'tenant'.

 

It can be a cooperative housing society formed by the landlord and called as tenant society. Or the tenants of the like mind can collectively form a society/association, elect among themselves a promoter or the president, who will elect or select other office bearers.Once a committee is formed, the bye laws containing all the issues can be framed including he object of the society to be formed and the same may be registered with the registrar of cooperative housing societies.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The word 'tenant' if prohibited to be used in the title of the association now proposed to form,  it is a policy decision which cannot be questioned, they may be having a strong reason for that which you can clarify by applying for the information through RTI act.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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