Professional office to shop change of view

Amey Bhandare (Querist) 26 August 2023 This query is : Resolved
Once, we saw a banner that said "Shop for Sale" on a juice bar. This shop is located on the ground floor of an apartment. The shop has been open for 12 years. After we purchased the property, a person from the apartment contacted us and said, "You cannot run any food-related business in this shop. It's not a shop; it's a professional office, and this area falls under the R1 zone."

In the building plan, it's mentioned as a professional office, but I didn't know the meaning of such a term. I thought the juice bar had been operating successfully for 12 years. However, the person from the apartment has been complaining about the juice bar for 12 years, and the owner of the shop didn't inform us about this matter.

We invested all our savings from fixed deposits and gold into this property. We want to open a cafe.
Is that possible to do change of view from professional office to shop.

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Quick Summary

A new property owner discovered their purchased shop, previously a juice bar for 12 years, is zoned as a 'professional office' in an R1 residential area, preventing them from opening a cafe. A neighbour has reportedly complained for years. The advice suggests the previous owner may have operated illegally and that converting to a cafe is likely not permissible in an R1 zone, advising caution and verification with authorities rather than relying on past usage.

Sudhir Kumar, Advocate (Expert) 27 August 2023
sue the previous owner.

kavksatyanarayana (Expert) 27 August 2023
Before purchasing a property, the buyer shall inquire regarding the property, the genuineness of the seller, the rules of the society of the apartment etc. Issue legal notice to the seller and if necessary file a case against him for suppression of the facts regarding the shop is a professional purpose but not business.

T. Kalaiselvan, Advocate (Expert) 28 August 2023
R1 zone is residential zone with road below 12. (Below 9 m in congested area) R1 zone purely residential zone, but up to certain extent small committed / medical uses are permissible in R 1 zone.
The previous owner might have run an unauthorized or an illegal shop, it will not entitle you to run a commercial shop.

Advocate Bhartesh goyal (Expert) 29 August 2023
No, legally you can not run cafe in shop. Drop the idea else you will be in trouble.

P. Venu (Expert) 29 August 2023
Rather than depending upon the office bearers, ascertain the factual position from the authority concerned. Any citizen has the right to put his property to its best use at his discretion subject to the municipal laws.

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