Ahmedabad Board Stays Society Ban on Renting Flats to Bachelors, Protects Owner’s Rights
Ahmedabad | September 30, 2026: Flat owners in Ahmedabad have received interim relief in a dispute over housing societies restricting rentals to bachelors and unmarried individuals. The Board of Nominees under the Registrar of Cooperatives has stayed a housing society's resolution imposing such restrictions and restrained it from taking coercive action against a flat owner and her tenants until the dispute is decided.
The order highlights the importance of following society bye-laws and established procedures when regulating rental properties. It also offers a significant development for landlords and tenants facing similar restrictions, although the ruling applies to the specific dispute and is not a blanket judgment covering every housing society.
Board Stays Society's Resolution Restricting Rentals
The dispute involves Deepika Dhadhal, a Vadodara resident who owns a flat in Shakti Cooperative Housing Society Ltd in Ahmedabad's Thaltej area.
On July 15, 2025, the society passed a resolution restricting members from renting their flats to bachelors, unmarried individuals and certain other categories of occupants without society approval. It subsequently issued three notices to Dhadhal, warning of possible action if she did not comply.
Dhadhal challenged the resolution before the Board of Nominees, arguing that it violated the law and the society's own bye-laws. She sought interim protection against enforcement of the restrictions.
Why the Flat Owner Challenged the Ban
Dhadhal's counsel argued that the flat owner was entitled to rent out her property in accordance with applicable legal requirements and that the society could not impose a blanket restriction through a general body resolution in violation of its bye-laws.
The society opposed the petition, claiming that the flat was being used as a paying guest facility, contrary to the members' decision.
Dhadhal's lawyers disputed this claim, maintaining that the occupants were staying under a valid leave and licence agreement and that the property was not being operated as a paying guest facility.
Board Finds Grounds for Interim Protection
After hearing both sides, the Board of Nominees held that Dhadhal had established a prima facie case for interim relief. It observed that denying protection could cause irreparable loss to the flat owner, which could not be adequately compensated through monetary damages.
The Board also recorded that the society had not properly followed its own bye-laws. It noted that the material presented prima facie indicated harassment through repeated enforcement notices.
The Board consequently stayed the July 2025 resolution to the extent that it restricted rentals to bachelors and unmarried persons.
Society Barred From Taking Coercive Action
The interim order restrains the society and its managing committee members from taking coercive, restrictive, punitive or disciplinary action against Dhadhal, her tenants or licensees until the dispute is finally decided.
The order provides temporary protection while the case remains pending. It does not mean that housing societies have lost all authority to regulate property use or that every rental arrangement is automatically exempt from applicable rules.
The final outcome will depend on the proceedings and the legal and procedural issues raised in the case.
What the Order Means for Flat Owners and Tenants
For landlords, the case highlights the importance of understanding their rights and the procedures a cooperative housing society must follow when imposing restrictions on property rentals.
For tenants, particularly bachelors and unmarried individuals, the order is relevant because it challenges a specific society resolution that restricted rentals based on the occupants' marital status.
However, the interim relief applies to this particular dispute. Property owners and tenants should not assume that the order automatically overrides the rules of every society or other applicable legal requirements.
What Property Owners Should Check Before Renting
Flat owners planning to rent out their properties should review their society's registered bye-laws, applicable rental requirements and any relevant restrictions on property use.
They should also maintain a valid rent or leave and licence agreement and complete the required documentation. Where a society issues a notice restricting a rental arrangement, owners should examine the legal basis and prescribed procedure before responding.
For tenants, confirming the rental arrangement and understanding the society's applicable rules before moving in can help reduce potential disputes.
What Happens Next
The Board's order provides interim relief to Dhadhal and her tenants while the dispute awaits final disposal. The society cannot enforce the challenged restrictions against them during this period.
The case will continue to examine the legality of the resolution and the society's compliance with its bye-laws. Until a final decision is delivered, the interim order should not be treated as a universal rule for all cooperative housing societies.