Q:
We are staying in apartments where we have only 9 flats. Since, we have only less than 11 flats we might not come into co-operative society laws. We are registered under apartment condominium. The flats were approved for usage of residential purpose from the concerned municipal corporation. One flat owner has given his flat to a person who will be running software consultancy business from his flat. There has been resolution passed in one of the AGM, where flat owner cannot give flat for commercial activities and need to provide copy of police verification to managing committee. All members expect that flat owner have agreed to it. This office will have more than 10 employees working within it. Also, opening of office will affect the security, peace and harmony of other flat members. Please advise us what option the managing committee has to stop the office operating from within residential apartments.
A person is allowed to run a professional office in one/more of the rooms of his residential flat. Profession by definition is Doctor, Architect, Lawyer or CA. At times even artists are allowed to perform their services such as photoshoots. Even engineers are allowed to offer their services. Software Consultancy Business is a tricky thing as it is part of services and hence stands on a thin line between sale of goods and services. It depends on the memorandum of understanding of your apartments. If voting takes place in your apartment you can take a vote on this and make an official complaint to the nearest police station and to Municipal Corporation as an apartment. Even being a member of an apartment you can lodge a complaint in your personal capacity. But when the case stands in court, courts will go by the merit of case. Its not an easy case to fight though.A person is allowed to run a professional office in one/more of the rooms of his residential flat. Profession by definition is Doctor, Architect, Lawyer or CA. At times even artists are allowed to perform their services such as photoshoots. Even engineers are allowed to offer their services. Software Consultancy Business is a tricky thing as it is part of services and hence stands on a thin line between sale of goods and services. It depends on the memorandum of understanding of your apartments. If voting takes place in your apartment you can take a vote on this and make an official complaint to the nearest police station and to Municipal Corporation as an apartment. Even being a member of an apartment you can lodge a complaint in your personal capacity. But when the case stands in court, courts will go by the merit of case. Its not an easy case to fight though.
Q:
Can a residential apartment have 4 shops of 200 square feet each on the ground floor? What permissions / fees builder has to pay to get this permission?. The plot is in Shivajinagar, Pune.
10000 Sq. Ft. plot in which owners wish to have their own flat and a small shop of 200 SQ feet each if legally allowed and possible by getting a commercial license.
I think the builder have to take commercial license from the authority.
Yes. We have requested builder to do the same, just wanted to get a gut feel how costly it is to get a commercial license and how much impact in terms of reduction in size it will have on residential flat we will get after reconstruction.
26th July 2012
I do not think the flat owner can have four shops in an apartment complex. It is advisable to take suggestion form any legal expert.
Thanks. I will sure do that. Just wanted a gut feel from someone who may be living in such an apartment
Q:
A father has inherited ancestral property. He is 80 years old staying with his wife and unmarried daughter in the said property. He has two more married daughters. He wants to divide his share and give appropriate share to each of the daughters. Does the division has to be 1/3 each or can he make 4 parts of the said property and keep 1 with him while giving 25% to each of his daughters. Can he make a will to give his 25% stake to the daughter who is taking care of him? What will his wife get after his death, if he is no more without property division?
Hi Ananad,
It depends on the circumstance. If the property owner who is 80 year is making a WILL, it is his decision how much he should give to his wife & children. It would be wise if he decide in a will that, after his death, the property should move to his wife and she can decide whether to keep it or divide them among the children. If the property owner is dead and there is no will made, legally all inheritance has equal right on the property. Thus, the property will be either divided into four or if everyone agrees, they can sell the property and divide the amount.
Now as the property owner is alive, he can decide how much he should contributed to each his dependence.
You can contact legal expert to know more on the same. Thank you
Hi Mukund. Thanks for the reply. You have answered one of the questions; that i.e. after death of the father remaining property will be divided into 4 parts. But while he is still alive and as the property is not built by him but is inherited by him how to divide it? My gut feel was he will keep 50% and 50% will go to his 3 daughters as inheritance. His 50% stake then he can make a WILL for anyone. This is what I wanted to confirm.
Q:
How much area of terrace can be added to an apartment of 5000 SQ. Feet having 1 as FSI. Is there any limit on area of terraces which can be attached? Can Terrace Carpet of 3000 SQ. Feet be added to 5000 SQ. Feet of Carpet area while constructing a building? Said Plot is in Pune City.
Under Maharashtra ownership flat act 1963 "carpet area" has been defined. There is no provision for adding any percentage of terrace area in the total carpet area of flat to calculate cost of property.
One of the builder has given us an offer on carpet plus some area of terrace. Now I am easily able to find out whether carpet is sufficient or not. But how to find out whether whatever terrace he is giving is enough or not. Can a builder add as much terrace as he/she wishes so? Are there any charges for buying terrace space?
Please contact Datta Sakore with my reference on 9673515558. He is a good agent and has helped me sale my flat at good rate. Thanks Anand.Please contact Datta Sakore with my reference on 9673515558. He is a good agent and has helped me sale my flat at good rate. Thanks Anand.
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