Legal Question in Real Estate Law in India

We have an apartment in Chennai which has been put up for rent. There are 19 floors and 114 apartments in our block. Our apartment is on 6th floor. A person has approached us for taking it on rent for the purpose of running a play school. Is there any problems in renting out to them for running a play school? They want to take it on 5 year lease. In case neighbours raise objection after we rent it out, what will be our legal stand? Will the property be considered as commercial property? If so, property tax and water tax will be raised? Which are all the authorities we have to keep informed about this? Please advise plus and minus effects.

Thanx and regards

Geetha


Asked on 2/27/14, 10:59 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

01.03.2014

Dear Geetha,

No, I do not foresee any problems since any activity service confined within your apartment, under your guidance and supervision is legally permissible. If you are doubtful about issues that may emerge by your neighbour(s) or by the Society subsequent to your leasing out the apartment, you should reduce the initial lease tenure to 11 (eleven) months duration only instead of risking a 5 year commitment, and review the situation prior to renewal thereafter. The Society is entitled to charge a higher monthly maintenance amount as "Non Occupancy Charges" which is as per statute of the Tamil Nadu State Co-operative Societies Act. The Ministry of Child Welfare, Government of India have issued necessary guidelines for a play school which will need to be adhered to.

Regards,

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Answered on 2/28/14, 8:35 pm


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