• Is commercial activity allowed in residential area

Sir , 
i have constructed basement , ground , first and second floor on my plot and i sold the basement and ground floor to some party , lately he has costructed a unit in the front of ground floor and is using the basement and unit costructed by him afor commercial activity ,at the same time he has got two other opening in the building and got gates erected in them and now he does not allow to park my car on the side road also , what legal action can i take against him .
regards
ajay
Asked 3 years ago in Property Law from New Delhi, Delhi
what are contents of agreement signed by you with the purchaser? whether flat with basement was sold by your residential purposes ? whether commercial activity is allowed in the area?he cannot object to your parking car on side road .
 whether side road has been built by muncipal corporation or it is a private road . ?

contact a local lawyer . issue legal notice   to purchaser . if he does not relent move court for necessary reliefs
Ajay Sethi
Advocate, Mumbai
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Since you have already sold the basement and ground floor to this person the clauses in the agreement and the bye laws governing the use of property in your area are germane to decide whether you can bring any legal action against him. It needs to be ascertained whether commercial use of property is allowed in your area, and if yes, then to what extent. He cannot object to you parking your car on the road adjacent to your flat, more so in view of the fact that you are still the owner of the first and second floors.  

Issue a lawyer's notice through your lawyer to him. If he does not accept your demand to remove the construction which did not exist at the time of sale to him then move to the court.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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