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Removing a non-member unauthorised resident
02-Jun-2025 (In Civil Law)
We have a nephew of an owner staying since 15 years in our society (before society was formed in 2011). He has taken loans, isn't repaying back, and daily recovery agents come, he fights with them. He also fights with our members on petty issues. He is not a member of the society. Even the owner doesn't want him. If the owner just writes to us, and requests his removal, is the society empowered to legally block his entry once he goes out?
If the person is not a member and the flat owner gives written consent for his removal, the society may issue a notice and restrict entry, citing disturbance and safety. However, for legal enforcement or permanent ban, a police complaint or court order is recommended to avoid breach of personal liberty under Article 21. Society must follow due process as per Model Bye-laws and maintain written records of complaints and incidents.
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Adv. Vaibhavi Muthinty
Dombivli | 100+ Answers
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This is a tricky mix of personal emotion, legal limitation, and society management. On paper, societies have restricted powers, especially when the person isn’t a member but has been staying for long. But when the owner himself doesn’t want the person around, and the nuisance affects others, there are definitely ways to approach this smartly—without making it a messy legal fight or creating tension for the owner. Sometimes it’s not about force but about knowing which thread to pull, and when. I’ve handled a few such situations—feel free to reach out if you’d like to explore a solution that actually works on the ground.
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Adv. Siddhant Induprakash Rai
Thane | 25+ Answers
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