• Residential property to be given on leave and licence to a cycle company for commercial use

Individual,Independent bungalow is to be given on leave and licence for a cycle company for show room. 
Is any permission expect shop act licence required? from whom,how to get it,documents required,to whom to apply ,application format,?
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

You need licence under shop and establishment act as residential bungalow is being used for commercial purposes

2) you should apply to muncipal corporation for licence

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

Leave and licence agreements are required to be stamped, with a flat stamp duty rate of 0.25 per cent of the total rent for the period. In case any non-refundable deposit is also paid to the landlord, stamp duty at the same rate shall be charged on such non-refundable deposits, as well.

Ajay Sethi
Advocate, Mumbai
99827 Answers
8148 Consultations

As per Section 30 of Maharashtra Rent Control Act:

30. Conversion of residential into commercial premises prohibited.

(1) A landlord shall not use or permit, to be used for a commercial purpose any premises which, on the date of the commencement of this Act, were used for a residential purpose.

(2) Any landlord who contravenes the provisions of sub-section (1) shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. The user of the bungalow has to be changed from residential to commercial user

2. For that you need to apply to Municipal Corporation

3. The corporation will do reassessment of property tax payable on basis of commercial user

4. So property tax of your property will go up

5. You can recover that from your licensee or shared between two parties as mutually agreed

6. Shop and establishment license you need to obtain from Municipal corporation

7. All liability of obtaining various licenses for the cycle business should be on the licensee ideally

8. Get stamp duty calculated from a registration agent. There is online calculator too where you can enter the figures and amount will be calculated

9. Get the leave and license agreement duly registered

Yusuf Rampurawala
Advocate, Mumbai
7901 Answers
79 Consultations

So, its baaned in Maharashtra and you may face serious consequences as per law, if you're found contravening with the provisions and there can be jail time too.

You have also mentioned that the tenancy is On going, hence it's advisable to terminate it immediately as it's a void contract as per state law and cannot be enforced.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Sir first of all if the property is registered as residential premises then for commercial use the conversion of the property to commercial property is must, apply for conversion into the Municipal Authority conversion fee has to be paid, the property tax will increase and electricity and water connection will be commercial.

otherwise in Maharashtra it is prohibited to use residential property for commercial use without appropriate conversion.

The Shop establishment has to be obtained after that.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further the agreement should be registered and stamped for that stamp duty of .25 percent of total rent has to be paid and it has to be registered at sub- registrar office.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

0.25% of total amount.

\

Monthly rental x No of months = A

Advance rent for the period/non-refundable deposit = B

10% x Refundable deposit x No of years of the agreement = C

Total amount subject to stamp duty = D = A+B+C

Stamp duty = E = 0.25% x D

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Yes permission is required.

You have to draft a leave and license agreement between yourself and the licensee and get it registered. Leave And license format will be available with any advocate with whom you expect to get your work done from.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

For maintaining a showroom other than the permission and licence for the local civic body, no other permission is required.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

what will be the stamp duty if the agreement is for five years,ist year fee 35000/- second year 36750/-

third year 38588/-fourth year 40517/-and fifth year 42543/-.

non refundable deposit 125000/- and after one year additional 100000/- making total deposit 225000/- after one year for the remainning period of four year. in NASIK MAHA.

The stamp duty is the local subject.

You can find it out from the ready reckoner from a stamp vendor or document writer or from the registrar's office.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

1. Due permission shall be required from the local CIVIC corporation /council authorities, and other relevant authorities, as follows:

a) Permission for change of usage (Residential to commercial)

b) Commercial water usage

c) Commercial electricity usage

d) Commercial Property Tax

e) Fire Dept., NOC (as required)

f) S&E registration and Trade License

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

No permission required. Just pay stamp duty and Register the agreement. Inform society and police station of your locality.

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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