Q. A flat was owned by two members equally. By executing a registered gift deed, the first owner/member gave his share to the second. Now, all the relevant documents along with a certified copy of the gift deed has been submitted to the society with a request to endorse the share certificate in the second owner's favour. Can the society ask for Rs500 and Rs100 transfer and admission fees, respectively? D S Sarkar, Breach Candy
A. Upon submitting the copy of the duly registered gift deed in the second joint member's favour, the first member will lose the status of being a joint member, making the second joint holder the flat's sole owner. The society is required to give effect to the registered gift deed and delete the name of the first joint member from the share certificate as well as the register of members of the society. Admission fee of Rs100 will not be applicable as no new member is being admitted. The society can charge the share transfer fee towards the administrative cost for updating and endorsing the share certificate.
Q. My grand-daughter is in senior K G and hence I have installed a CCTV camera above the entrance door for safety reasons. However, the society's permission was not sought and there is no CCTV surveillance in the society. Our next-door neighbour, a lawyer, due to sour relationship, has sent a letter to the society, objecting to the CCTV's installation. He says that privacy is being infringed, citing it as a fundamental right under the constitution and has also threatened to take legal action. In a letter through my owner, I have refuted all the charges, but the managing committee is also of the view that I should remove the CCTV. Sakarlal H Chalishajarwala, Dahisar
A.The society members are required to approve the proposal to install CCTVs. As a tenant, you have no right to do so, even if the reason is your personal safety. It is necessary for your owner to obtain society permission for installing the camera. In the case of Justice K S Puttaswamy (Retd.) and anr. v. Union of India and ors. (2017), the Supreme Court authoritatively held that the right to privacy is a fundamental right protected under Article 21 and as an intrinsic part of part III of the constitution. Any intrusion into privacy must satisfy legality, necessity and proportionality.
Further, in the matter of Indranil Mullick and ors. v. Shuvendra Mullick, special leave petition (SLP, civil) no 15050 of 2024, the Supreme Court dismissed the SLP and refused to interfere with the Calcutta High Court judgment, thereby affirming the principle that CCTV surveillance in a residential setting without permission violates the right to privacy. In a CHS, common areas and any space that affects other members’ privacy cannot be unilaterally monitored.
If a CCTV camera is installed in such a manner that it records or surveils another member’s living space, common passage, gates of other flats, balconies, etc, this will amount to a violation of privacy rights unless all affected members have approved the same in the general meeting. Thus, it is clear that CCTV installation outside a residence without the society's approval violates privacy rights. You, as a tenant, cannot unilaterally install cameras to the detriment of other members’ privacy. You are required to obtain the society's approval through the owner. If an objection has been raised, you should either remove the CCTV or seek permission.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to mpanchayat@gmail.com
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