Legal Question in Real Estate Law in India

Respected sir,
I have a ground floor flat with no immediate neighbours in a neighbouring society and is unoccupied at the moment. My wife (co-owner) wants to start a nursery,tuitions and hobby classes for kids. I asked for permission from the society saying that as the flat is on ground floor and isolated there will not be any disturbance to society and no use of common amenities meant for members like lift,parking space etc. but the committee has rejected saying it�s a commercial activity and change of user is not allowed as per bye-laws.
I have gathered information on net and found below info �
Even if the entire flat is used by a professional person for the practice of his profession, there is no change of user and there cannot be a prohibition for the same.
Pls advise whether she can do it or not.
I have been advised by one legal consultant that, since committee is not giving NOC, I can�t force them to write it, so I should start the activity and let society take the action of lodging complaint.
I am really confused,pls suggest if this is correct to do ?
Regards,
Mangesh

Asked on 3/27/12, 10:15 pm

Shrichand Nahar S.V.Nahar, Advocate

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Check with local authority like municipal council or municipal corporation whether your activity is permitted in residential flat.

If law permit such an activity, then society has to grant permission. In the event of refusal from society, you may approach DDR or Co-op Court.

Answered on 4/01/12, 1:48 am

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