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Kuntal0000 (xyz)     04 December 2025

Are previous commitments valid in property law

I have bought a commercial shop in KOLKATA  through bank auction (DEED OF INDENTURE)

The owner who defaulted ,made a preious aggrement (DEED OF CONVEYANCE) with the promoter,land owner that he won't make a restaurant that needs fire, winbe shop, cement shop.

another shop in same buiding using a fire restaurant with fire dept permission

Cani start a fire restaurant .What can be the lagal complicationsd and solution to it please



 9 Replies

P. Venu (Advocate)     04 December 2025

What do you mean by "fire restaurant"?

Kuntal0000 (xyz)     05 December 2025

A restaurant that uses fire for cooking 

T. Kalaiselvan, Advocate (Advocate)     05 December 2025

It involves local law therefore you may better consult an advocate in the local and proceed as advised.

Dr. J C Vashista (Advocate )     06 December 2025

Neither facts nor query is clear.

However, the query prima facie is not a legal dispute.

If you feel strong that it is a legal issue, it is better to seek professional services of a local prudent lawyer.

Kuntal0000 (xyz)     06 December 2025

Sir in simple words 

If any previous owner has said he won't start a restaurant with fire in the shop...am I duty bound to follow it as I bought the shop from bank auction.. 

T. Kalaiselvan, Advocate (Advocate)     07 December 2025

You are the new buyer, what is your concern with the decision of the erstwhile owner, you can very well operate your business from the newly purchased premises if it is a comercial place, by complying with  the relevant laws and the procedures prescribed for the purpose. 

1 Like

Kuntal0000 (xyz)     07 December 2025

Is there anything that I need to honor the previous commitments done in MOTHER DEED ( can that deed be called mother deed)  done by previous owner to the promoter  (Deed of Conveance) .....as I bought through auction from bank ..I wasn't aware of it 

 

The place is commercial shop

T. Kalaiselvan, Advocate (Advocate)     08 December 2025

You can choose to run a legal business in the commercial shop that you bought through bank auction sale.

Until it is not an illegal business or a hazardous business or if it is violating the local law, you can very well proceed as per your plans.

1 Like

P. Venu (Advocate)     09 December 2025

There could be no such bar unless mandated by law.

1 Like

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