Pawan (Service) 24 March 2010

Residential Apartment Flat used for commercial activities

I am staying in a newly built residential apartment consists of 17 flats at Kolkata. All the owners took the possession of flat somewhere around last year. The property has been developed by local promoter under the development agreement with the Landowner. As compensation Landlord has been allotted few flats.

Now the ex-landlord is planning to start commercial activities in the residential building in his flat at ground floor.

Keeping safety and security in our mind, we have informed verbally to him that we will take legal action if he will start the commercial work. On hearing this, he threatened us by calling local rowdies.

We have made a General Diary at local PS yesterday. Now we are planning to take legal action against him so that he will not be able to fulfill his wishes.

Need your suggestion on legal course of action.

With regards

Pawan

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4 Replies

D.K.Lakshmi,BL.MBA(HR) (Legal Executive) 24 March 2010

Mr.pawan,

Primary ask your residential building secretary to give a police compliant against building owner for sending muscles man for threating. secondary consult criminal lawyer. as soon as possible.

Building owner have no right to use residential building for commercial purpose, unless getting approval from local govt authorities.

Thank u

lakshmi

Suchitra. S (Advocate) 24 March 2010

You have taken the corrcet step. Now, file a case against him if he does not stop his commercial activities in the residential building. He cannot undertake commercial activity there.

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 24 March 2010

Hi Pawan,

First of all form a association/society of the residential flats of your complex.

Then intimate all members of the Building with regard to the terms and conditions to be maintained in the flats of the complex.

Even after such intimation, If he is doing against the policy of the rules, you can file a nusiance case against such occupant.

By doing this you can stop the Local authorities in changing the nature of property from residential/commercial of your premises unless they take your association consent.

S.A.NARASIMHA RAO KARRI

bhagwat patil (Property due diligence 9422773303) 05 April 2010

WHAT TYPE OF COMMERCIAL ACTIVITY HE IS DOING IF IT IS A SHOP OR A EATNIG HOUSE THEN HE HAS TO GO FOR CONCERN DEPT. FOR LICENCE LIKE SHOP ACT RESTORENT LICENCE IF IT NOT THERE COMPLAIN TO RESPCTIVE DEPT IF IT IS THERE COMPALAIN TO HIGHER AUTHORITIES FOR ISSUINING THE LICENCE IN RESI. APT.AND GET IT CANCELLED IMMIDIATELY