Legal Question in Real Estate Law in India

Sir,

I own a shop in Mumbai.It is a society.

The total area is 235 sq ft.

Can the shop given on rent to 2 separate parties(the front half to a particular party and the back half to another one).

There are two entry points(one in the front and other at the back).which means both can conveniently carry on their respective job without any sort of disturbance.

Sir u replied that the above thing can be done.

1)But is there any supporting proof and written rule in this regard.Since the society secretary is opposing,i need to have a strong point on my side.

2)If the society conveyance is not done can the secretary have his say?

3)What if the Chair agrees and secretary disagrees?

Yours faithfully,

Ajay.


Asked on 9/07/09, 3:10 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

1. Check your Bye-laws.

2. If there is no conveyance, why you need permission of society? However, if you are a Member of the Society and there is possibility of Conveyance in near future in the wake of proposed new Rules under MOFA, you should avoid any confrontation with Society Committee.

3. Society work with Managing Committee consisting of 5 peoples and all the decisions are taken by majority. Only Chairman and Secretary are not the decision makers.

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Answered on 9/07/09, 4:37 am


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