• Commercial uses

I have a rented property at patrakarpuram which is not commercial. I want to no what options I have to run it & can LDA seal it without giving notice?
Asked 4 years ago in Property Law
Religion: Other

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13 Answers

1)residential premises cannot be used for commercial purposes

2) obtain licence under shops and establishment act of your state for use of premises for commercial purposes

3) you have to pay property taxes at commercial rates . also water / electricity bill would be charged at commercial rates

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

if the residential property has been rented for commercial purposes then the LDA can at any point of time seal the same and impose the penalty on you.

For commercial land taxes and other bills are to be paid at the commercial rates

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

LDA cannot seal any property, whether commercial or residential, without issuing a show-cause notice to you.

At any time they seal it, approach the High Court and file a writ of mandamus.

Sealing cannot be done at the cost of violating principles of natural justice.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client

As per the norms No commercial activity can be conducted at residential property,

However there are certain rules and norms as per conversion of the said land into a commercial one by paying the said amount of land conversion tax.

LDA shall issue a notice before any such act of seizing your property.

Regards

Aashish Singh
Advocate, Lucknow
6 Answers
1 Consultation

4.0 on 5.0

Dear Client,

Without giving show cause notice or without hearing, sealing is illegal. But there should not be any court order regarding closer/ceiling of illegal operating commercial activity in that area.

Approach court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

2. There is no restraint in using residential property as a commercial property provided you have necessary licenses for running that particular business.

2. Only in the case of manufacturing hazardous items there is such restraint.

3. So if you use it as office purposely only then there is scope for sealing.

4. Moreover before taking such steps you will be informed by the local authority.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi, if the property comes under residential area as per muncipal law of Lucknow , then it cannot be used for commercial purpose and the authorities may impose legal penalty

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Your rented property is not in a commercial area but exactingly in a residential area.

2. Commercial activities in a residential area is prohibited unless you tale leave for it Municipal Corporation or other appropriate authorities like cantonment board.

3. You shall be served with a notice before your your office/shop is sealed by the appropriate authority.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Any action taken by authority shall be done only after giving due notice as such they cant seal it without giving you opportunity to reply. In some states government gives permission to change residential property to commercial property on payment of certain fine.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

The residential property without the said conversion and permissions cannot be used for commercial purpose on doing so it shall be contravention of law and penalty can be levied and also the landlord can file a sui for eviction and damages for illegal use of property

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No, Notice is must.

But, still if they seal it without any notice on that case also even if you move to High Court still chances would be that you can trouble them for no notice but eventually would be on the other feet as if they are able to prove the violation from your side if any.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

No it cant seal it without notice. You can give it on lease if you desire.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

It is the problem of the landlord that if he'd not disclosed this to the concerned authorities about it.

You should have revealed your purpose for taking this property on lease, after that the landlord should have decided about leasing out this property

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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