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sanjay gala (ceo)     03 June 2011

redidence use for commercial any problem

sir, my room is residence since 1961 but we are using for commercial purpose from 1981 anf lanloard also take rent of commercial and elecrtic bill also convert in commercial but new lanloard comes before one year he object   my vat no and gumasta is also on same addrss   can he will objection in court he notice to vacant this room what to do room is on my name also paid upto 31/3/2011  all receipt i have  pl give some suggestion



Learning

 3 Replies

sumana (practice)     04 June 2011

I it s is converted in to Commercial purposes then there is nothing to fear about. If you landlord goes to the court or tries to vacate you then talk iwht him regarding this. and pls do carefully keep all those old bills with you custody where it is stated that the residential space is used for commercial purpose. this will help you a lot.

Kishor Mehta (CEO)     05 June 2011

Sir,

If the building/property is assessed as a residential property and if the landlord has not given you written permission for a change of user, then please approach an advocate. Just because the original landlord was accepting rent is no legal excuse.

Change of user from residential to commercial without the written permission of the landlord is an offence. A permission from the Municipal authorities is also necessary for any change of user. Please, therefore, contact your new landlord and settle the matter amicably.

Kishor Mehta

SACHIN AGARWAL (ADVOCATE)     05 June 2011

If the land use of the said proeprty is residential, it cannot be used for commercial purposes, even after the written permission from the landlord. It is an offence and the Development Authority can sue fthe user for the same. When the previous landlord was receiving the rent for commerical use thereof, the new landlord cannot evict you from the proeprty on this ground.


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