Legal Question in Real Estate Law in India
In a Co-Operative Housing Society where the builder has sold flats purely for Residential purposes and where Members have undertaken while signing the purchase agreements that they will use the flats for residential purposes. If a Member who is a professional like Doctor, Lawyer or a Chartered Accountant uses the entire premises for running his office or uses as a consulting room , would this be treated as a Commercial activity and is Municipal Corporation of Greater Mumbai entitled to charge property tax at Commercial Rates?
Would the position change if the said Member is staying is the flat and uses part of the flat for running such activities?
In terms of the Co-Operative Society Laws, MCGM regulations etc running office of Lawyer or Chartered Accountant or running consulting room by doctor from residential premises is treated as running commercial activities?
1 Answer from Attorneys
Please refer to the relevant rules / bye-laws for our interpretation to educate you about your rights.