Dear sir i have commercial office in resedential apartment of 4 floors in which i also have 4th floor and in ground floor i have office which is purchased in 2007 aleardy in dastavej , index copy of registrar its mentioned office and thers other 6 residence flats who r objecting not to use office use but issue is panedemic situation we have govt supply of papers so we cant stop supply govt , banks supply and also society is not registered and they are collecting maintainance also but in cash only no receipts since yrs but i am confused what actions can be taken this property there is many illegal construction done individeual which was regularised in impact fees from smc and 1 of them i wwas also there and main thing is after regularised now they are giving threats that they will give application to demolish then what steps i can take because i am not residing but they are even they have done other unauthorised construction after approval and paid impact fees so it means they are also having unauthorised construction so should i also compain against them .there is an advocate who is having good approach in local authoritites in smc so please suggest what can i do to defend my property and hos to use office use
CAN THIS UNREGISTERED ASSOC OR PERSON FORCES FOR MAINTAINANCE BECAUSE THEY ARE EXENDITURE ARE WITHOUR OUR CONCERENED AND ALSO THEY HAVE MADE ILLEGAL CONSTRUCTION IN OUR PREMISES WITHOURT OUR PERMISSION AS WE ARRE NOT STAYING THERE MEANS THEY HAVE BROKEN LOCKS OF HOUSE AND CONSTRUCTED CAN WE TAKE LEGAL ACTIONS
Residents cannot object to use as office premises
2) sale deed clearly mentions office premises has been sold to you
3) association cannot stop you from using office premises
4) if you have received threats file police complaint of criminal intimidation against residents
5) record their threats
Issue legal notice to builder to form cooperative housing society for all flat owners
2) if he fails to do so file complaint against builder before consumer forum and seek orders to direct builder to form cooperative housing society of all flat owners
3) association is unregistered it cannot collect maintenance from members without their consent
4) receipts should be given accounts audited
1. There is no law which prohibits running of office from residential area. So bye laws even if there is any proscribing such business is enforceable under law.
So to run your office or business as before you can file a civil suit for declaration and for injunction.
You cna lode complaint with the local municipality against illegal construction and force them to demolish the same. If it does not then you can file writ petition in high court.
If you have any grievances against the developer then you can redress your grievances from the consumer forum.
Yes, you can take legal action against them and claim in the room there were valuable goods and for that you need
Compensation against all lock broken and issue.
You can make complaint in sub-registrar office of Co-op housing society under which your society has been registered.
If its for office use only then you can use as per the act .
- Since, your index copy of register is showing office , hence you have your legal right to use the same for official purposes.
- As per law, if there is gathering /working of more than 10 persons , then it comes under the definition of commercial office , otherwise using a residential flat for official purposes like Lawyers / Journalist office is not prohibited , and specially due to covid-19 , working from the residential house is allowed.
- You can lodge a complaint against the person and society officials , who is creating obstruction in the use of your accommodation for office purposes.
- Further, as per rule , an unregistered society cannot compel the flat owners/members to pay the maintenance .
sir that local resident is advocate with good approach and saying that he can do anything? so is it a threat now what can i do because i am small bussman and es having good backup with higher authority and hes saying will file many case fake which makes me harrased and not to operate buss then its matter of life as well should i go for police fir but also afraid hes having approach . even in surat municipal corporation my property tax caomes ass office use only and its since 2009
Do not worry at all, Its not your fault at all first keep this in mind. All those people whom soever are involved in constructing the building, authorizing illegal construction to legal construction, Municipal Corporation collecting taxes, Revenue Department has already collected taxes at the time of registration of flat and shop. In this all government officer are involved.
Now tell that Lawyer do not harassment otherwise I will make complaint and file case in the against you too as per Indian Law. Every person has right to live and liberty as per the Constitution Article 21 ... Just tell him about Fundamental Rights.
You can share you're all History of case facts from day one. I can solve you problem in just next 3-4 reply of hat lawyer about you will not afraid fear of the consequences.
If the advocate threatens much then lodge complaint with Bar Council as well as local police.
Because of these advocates the whole fraternity is defamed.
You have good case. Don't worry for anything.
Construction has been regularized by SMC by paying imposing penalty, now smc cannot have another stance. You must be having regularization receipt/order.
And other owners also have violated construction code so every one will face same consequences.
They cannot demand MC except by mutual agreement by all owners and bound to give receipt. For breaking locks and encroachment on your area, can file FIR.
Police may try to reconcile issue with him. And your property is duly registered as office municipal records, cannot be demolish.
Unregistered Society has no legal authority and status to collect maintenance and dictate their terms and conditions for functioning of private apartments.
You may file FIR against them for Extortion Criminal charges for demand of money and illegal threats for false case.
Dear Sir,
You are suggested not to get afraid and do the best for your protection and safeguard your best interests. You may also complain against them for doing the illegal things.
Even they object you can contest the same on merits but they can't take illegal means to do the needful. If any illegality is observed you can complaint to police and dy registrar for the same
File suit seek court orders restraining g advocate and other residents from disturbing your possession of office premises and from carrying on business
Serve them with a legal notice and than file a specific performance suit against them
File a GD for criminal intimidation and also file a case under section 144 of the crpc before the executive magistrate .
If the property purchased by you was for the office purpose as mentioned in the registered sale deed, then you do not have to be worried.
However please remember that until and unless it is an approved commercial property, the commercial use of the property would be illegal.
If anyone is threatening of taking action agaisnt the unauthorised construction, you also collect the details of such unauthorised construction in the complex and submit your complaint against them too.
You can take the help of another advocate in the local and issue legal notice against the unregistered association for their excesses.
You can take legal action against the culprits who have damaged your property.
You can refuse to pay the maintenance amount and challenge them to take legal action, because they cannot represent the association/complex with an unregistered deed.
You ignore that advocate's threats.
He cannot do anything.
He cannot file any false case or he can do any illegal activity against you.
You can engage the services of a good advocate in the local and tackle the issue if it is beyond tolerable.
you should immediately file a complaint to the local police station about the threats and also file complaint before Bar Association against Advocate.
- Legally the lawyer cannot go beyond the rule of law , and cannot take the law in his hand .
- if that advocate is trying to harass you out of law, then you can complaint against him before the Bar Association as well.