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anji   15 December 2016

Residential or commercial

Hi,

I am buying a 3BHK flat, which is being rented out to ladies hostel. I might or not continue with the current tenant. I had already paid advance to the owner and applied for bank loan. Bank says they can't treat it as residential property since its been rented out to ladies hostel. I amn't aware if it rented out to ladies hostel they consider it as commercial though I don't have any alliance with current tenant as I don't have ownership rights yet. Property located in residential society and families living out there along with couple of ladies hostels in the same society.

Is it justifiable that bank consider it as commercial property since it being rented out to hostel?

What if, currently family rented out and I got an offer from hostel to rent it out?

It's strange. I would appreciate appropriate response 



Learning

 2 Replies

adv.bharat @ PUNE (Lawyer)     15 December 2016

Anji ji Whether society had given permission for such renting?

If yes then it is residential purpose only.

If No then bank may considered it as commertial activity.

Will u appreciate this answer by giving like on my LCI profile?

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 December 2016

1.  The Civic Body sanctioned plans of the building will determine whether the building is classified as "residential" or "commercial".  Running of a "hostel" work is "commercial activity" and an offence under the BMC Act, IF proper permission and change of usage is not made.


2. Check the Building plans, Property Tax bills, Electricity bills, Water bills, NA Tax bills, to determine whether the unit (Flat) is "residential" or "commercial".


Keep Smiling .... Hemant Agarwal
VISIT:  https://www.maharashtra-society-help-forum.com


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