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Use of residential property in noida

(Querist) 15 September 2016 This query is : Resolved 
Can a teacher residing in a residential property owned by him, also run his classes in basement of the same property in Noida?

Is any specific permission required for the same?

R.K Nanda (Expert) 15 September 2016
Contact concerned municipal authority.
Raj Kumar Makkad (Expert) 15 September 2016
Are you a student, teacher or member of executive society?

How are you related with the contents of this query?
N.B.Lal (Querist) 15 September 2016
Mr. Nanda, that option is always open to me,I just want the expert legal opinion.

Mr. Makkad,I am the teacher.
Guest (Expert) 15 September 2016
Dear Shri Lal,

All depends upon the byelaws of local authority, which differ from one local body to another local body and are not supposed to be a part of the mainframe of law.

Need of legal advice arises only where some legal problem has actually arisen, which can be sorted out only through the legal experts or the intervention of judiciary.

Presently your query pertains to the process of the local body, which is not a legal problem. Legal problem can arise only if the local body acts against its own set byelaws.

So, there was nothing wrong in reply of Shri Nanda, who can also not be supposed to predict that you already knew the option available to you.

So, my advice, better ask the concerned local body to satisfy your query. You may even use the mode of RTI to get the needed information.
H.M.Patnaik (Expert) 15 September 2016
Regarding the usage of basement by resident members, the particular housing society must have made some provision in its bye-laws or decisions taken in General Body meeting. The same has to be referred. In absence of the same ,the provisions of the Act under which the society is registered shall prevail.
Raj Kumar Makkad (Expert) 15 September 2016
Generally commercial activities are not permitted in residential area but societies can frame separate rules for the basement so better to study the bye-laws.
N.B.Lal (Querist) 16 September 2016
Mr.Makkad,
Thanks for the reply.
I suppose there is a difference between commercial activities and professional services.Can "tuition"be counted as professional service or commercial activities?

Property in question is constructed on a plot allotted by Noida authority and not by any society, so whose laws will be applicable?
Raj Kumar Makkad (Expert) 16 September 2016
If the issue of society is not involved and plot is independent then it is your free whims and wishes to use it in either of the professional activities like your tuition work.
H.M.Patnaik (Expert) 16 September 2016
If no society is there, you have go throgh thr regn. deed/ Lease deed with NOIDA authority to find out if there is any clause regarding usage of basement area and can act accordingly.
Rajendra K Goyal (Expert) 17 September 2016
Agree with the expert P S Dhingra.


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