Use of property
4WhatIsRight
(Querist) 20 March 2013
This query is : Resolved
I am based in pune and going to buy a flat in a multistoried building.the promoter has prepared a deed of sale wherein he has mentioned that the said flat can be used for residential purpose only, where as I intend to use it for commercial purpose after 3years .
How can i use the same for office purpose?
Can others object and stall the use then.
Promoter is very stringent and fussy about the language in deed.
But I want to buy that property.
What right will the seller haveover nature of use.
With deed of conveyance does it becomes my right to decide the use of the property and can i get municipal permission by paying conversion fee for change in nature of use.
does not the right to change the nature of use of the flat rest with the buyer, subject to civic authorities permission.
moreover is not it illegal infringement of one's right to earn a lawful earning from practising a lawful trade or business.
1.Can the civic authority raise question on the content in deed stating that the flat is meant for residential use only.
2.do i need to take any special precaution before applying to civic authority such as advertisement / notice in news paper about change in nature of use and objection if any, or file any suit.
3.Can the seller get an injunction upon use of property.
4.if the seller does any legal action- under what law are relief available or precaution available to me.
Anirudh
(Expert) 20 March 2013
When the flat is meant for residential purposes, one cannot put it to commercial use.
In fact, the builder is not renting it out to you. On the contrary selling the flat to you. He need not insist to what use the flat is to be put. But, it seems, as a abundant precaution he has very clearly and categorically inserted a clause to state that the flat is to be used only for residential purpose. He cannot be accused of not informing the purchaser.
The other flat owners can definitely make a complaint. If the matter comes to that level then you will have trouble. rest is your decision.
Devajyoti Barman
(Expert) 20 March 2013
Unless there would be an Civic Authority Restrictions and commercial usage of the fat does pose any threat of security or peace to others , you are free to use the same.
The seller can not put restriction on particular usage of property going to be transferred.
4WhatIsRight
(Querist) 20 March 2013
does not the right to change the nature of use of the flat rest with the buyer, subject to civic authorities permission.
moreover is not it illegal infringement of one's right to earn a lawful earning from practising a lawful trade or business.
Devajyoti Barman
(Expert) 20 March 2013
That is why i tole that if the Civil Authority has no objection in using that fat commercially, no one can oppose you to use the same.
4WhatIsRight
(Querist) 20 March 2013
thanks a tonne. but can anyone of you learned sir elaborate a bit further.
4WhatIsRight
(Querist) 20 March 2013
thanks a tonne! Devajyoti Sir.
Dr J C Vashista
(Expert) 24 March 2013
The builder/promoter has to specify purpose of buillding accordingly gets it approved by various authorities, including municipal authority. Therefore, the builder is well within his right to mention/put the clause in the Sale Deed which cannot be contravened.
Raj Kumar Makkad
(Expert) 24 March 2013
Nothing to add more in the light of given advices.
4WhatIsRight
(Querist) 24 March 2013
Dear Sir,
Building is an old one and has a departmental store on ground floor.
1. when the ownership is transferred by sale, is not it becomes the right of the new owner to decide the use of the same with permission from civil authority?
When i am willing to pay conversion charges from residential to commercial to civil authorities, can they refuse permission because of the clause in the deed.
3. can someone take away my right to earn a lawful living, by restraining me from doing lawful business from the said premises?
i seek your advice as to how to tackle the situation on law points if someone raises objection relying on the deed in the clause.
4WhatIsRight
(Querist) 24 March 2013
Makkad Sir,
i am surprised by your disguised silence, I know you have the key to my problem, but you are undecided as to help or not.
message you may send.
Raj Kumar Makkad
(Expert) 24 March 2013
+Dear 4whatsRight! You should not think like that. I was offline and have come right now and have seen your words and now am ready to provide my advice as desired.
After making sale, the seller has nothing to do with the use or ownership of the flat in question so he can do nothing against you even if you decide to change the use of that property.
Now come to other aspects of your query. If civic authorities do permit you to change the use, none has got any right to obstruct you for doing this but you are required to put the entire true facts before the relevant authorities so that all aspects may be taken due care by those authorities prior to providing you desired permission.
One has a right to earn his livelihood if the means are legal but the same is not unrestricted. If a particular area by law or legal provisions is declared to be residential area, no commercial activity can be run thereto as the same shall be violating the relevant law.
