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nirmalspatel@gmail.com (nirmalspatel@gmail.com)     29 April 2011

Commercial Use in Co-Op Housing Scoiety

I have purchased a ground floor flat in a residential housing society which has 6 buildings (wings). My ground floor flat has separate access and does not have access from the complex compound. When i purchased the flat the builder had said he would convert the same to commercial after i buy. However, my agreement states residential use with private access and no change of user has happened. The builder has taken irrevocable declaration from the members of my wing / building that they will not object to change of user from residential use to commercial use at any time in the future. Now CHS has been registered before i bought the place for all 6 buildings. I have started a play school / day care from the flat and now the society is objecting to this. MY QUESTION:
1. Is play school activity / day care activity permissible from a residential premises without the NOC from society?
2. Is there any supreme court judgement that a premises with a private access and private compound is allowed to carry out day care / play school activity? 
3. Is there any other protection that i have under such a scenario?



Learning

 1 Replies

Bharatkumar (ADVOCATE )     30 April 2011

Answer (1) NOC IS NECESSARY OF SOCIETY.

(2) NO, I DON'T KNOW.


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