Legal Question in Real Estate Law in India

I am a Dr MBBS, MD and member of Thane Co-op- Hsg Society. I owned a Ground Floor 3 flats, which are non commercial but 1st I used for Chemist Shop and 2nd for consulting my patient 3rd for Pathology lab

Queries:

1 Can I use non commercial flats for my medical shop, consulting & Pathology?

2 I have packed the extra space provided in front of my door ground floor (which is there in the agreement) with aluminum sheets and placed machineries there? Can I packed that space availed at 1/3rd price?

3 Society has passed a resolution unanimously in AGM to levy Rs 400 per member per month on members who are using non commercial flats for commercial use. Saying that society is at hardship watchmen needs to concentrate? Society is right?

4 I wanted to sell 1 flat, Society is asking to pay me Transfer fees of Rs 25000/- at the time of NOC, But Buyer�s loan application may get cancelled and deal may broke up, Hence is the Society is right in levying Transfer Fees at the time of issuing NOC?

Thanking You!

Regards.


Asked on 2/15/11, 10:40 pm

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Check local rules for 1 & 2 and bye-laws for 3 and 4

Read more
Answered on 5/17/11, 11:03 pm


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