7 months ago
Mumbai Society Rules on CCTV and Property Transfers
In Mumbai, there are rules about how properties can be transferred and how CCTV cameras can be installed in housing societies.
If someone gives their share of a flat to another person through a gift deed, the society can only charge a transfer fee and not an admission fee because no new member is being added.
For CCTV cameras, the society and all members must approve their installation.
If a tenant installs a CCTV camera without permission, it can be seen as invading the privacy of other residents, which is against the law.
The Supreme Court has said that privacy is a fundamental right, and cameras should not be installed without everyone's agreement.
If there is an objection, the CCTV should be removed or proper permission should be sought.
Societies can charge a transfer fee but not an admission fee for property transfers via gift deed.
CCTV installation requires approval from the society and all affected members.
Unapproved CCTV installation can violate privacy rights under Article 21 of the Constitution.
Tenants cannot unilaterally install CCTV cameras without owner and society permission.
Legal cases affirm that privacy must be respected in residential settings.
- Who
- Residents and housing societies in Mumbai
- What
- Legal queries on property transfers and CCTV installations
- Where
- Mumbai, India
- When
- Ongoing legal and societal issues
- Why
- To understand the legal implications and societal rules
Key facts
- Issue 1
- Property Transfer Fees
- Issue 2
- CCTV Installation Rules
- Legal Reference 1
- Justice K S Puttaswamy (Retd.) v. Union of India (2017)
- Legal Reference 2
- Indranil Mullick v. Shuvendra Mullick (2024)
- Expert
- Sharmila Ranade, Mumbai Grahak Panchayat
- Society Requirement
- Approval for CCTV Installation
- Privacy Right
- Protected under Article 21 of the Constitution
Quotes
Sharmila Ranade
Legal expert associated with Mumbai Grahak Panchayat
“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.”
freepressjournal.in
“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.”
freepressjournal.in
