leave and license
SANJAY
(Querist) 25 May 2009
This query is : Resolved
I have a flat in a building which in which
one wing is commericial and another is residential. I have given on laeave and license a flat as residential but the licensee is using it for commericial purpose this is going on for 3 yrs now a new committe has come in the society and they do not want comm ercial to continue. neatly half the building is being used for commercial. What can the society do? can they stop us and are they justified in charging us about 4 times the maintenance charges.
A V Vishal
(Expert) 25 May 2009
Dear Sanjay,
The society has inherent powers arising out of the bye-laws of the society formed for the welfare of the residents. Simply just because most of the residents have let out the residential part of the complex for commercial purposes and charging of higher maintenance charges does not give any right to the persons who have let it for commercial use to continue the activities or neither it is prejudicial to the society. The society has every right to get such tenants evicted from the residential complex.
sanjeev murthy desai
(Expert) 25 May 2009
Dear Mr. Sanjay,
Any building before using for commercial purpose you should have take permission from compitant authority otherwise its illegal under law..You should have to pay some of penalty also.
Please send a legal notice to lecensee and stating that we are given lease and licence only for use of residential purpose but you are using that premises for commercial purpose.. as per municipal laws under its not permissable with out permission from appropriate authority..If you negelcting this notice i will be taken appropriate action against you under the Law.
Society also do not have any authority to justify and they can charge as much they want but that building should be have permission to use for commercial purpose otherwise not.
