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Renting of Residential Flat in Delhi to NGO  or CSR  or Foundation or Family office Renting of Residential Flat in Delhi to NGO or CSR or Foundation or Family office

8 months ago

We have a residential flat in NDMC area in Delhi. It is in the name of a private limited company. We want to rent out to NGO / CSR / Foundation / Family office.
Society is making objection to it.
What are legal rules of NDMC?

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
If a member is being stopped (like not being granted NOC from your housing society) by rules laid by the association from giving his property to a tenant of his choice, a simple police case filed in the local police station would get things moving in the right direction. The grievances of either party would then be addressed in Court. If a member is being stopped (like not being granted NOC from your housing society) by rules laid by the association from giving his property to a tenant of his choice, a simple police case filed in the local police station would get things moving in the right direction. The grievances of either party would then be addressed in Court. If a member is being stopped (like not being granted NOC from your housing society) by rules laid by the association from giving his property to a tenant of his choice, a simple police case filed in the local police station would get things moving in the right direction. The grievances of either party would then be addressed in Court.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 8 months ago

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A.Dear Client,
The New Delhi Municipal Council (NDMC) area in Delhi has specific regulations and rules that govern property use and leasing. Since you want to rent out your residential flat in the NDMC area to an NGO, CSR (Corporate Social Responsibility) organization, foundation, or family office, it's essential to understand the legal rules and procedures involved. Here are some general guidelines:

Check Zoning Regulations: The first step is to check the zoning regulations and land use policies in the NDMC area. Different areas may have specific zoning rules that dictate how properties can be used. Ensure that your residential property can legally be used for commercial purposes or for NGO/CSR activities.

Approval from Local Authority: In some cases, you may need approval from the local authority or NDMC for a change in property use, especially if it involves a commercial or non-residential purpose. Contact the NDMC office to inquire about the specific permissions required.

Lease Agreement: When renting out your property, prepare a clear and legally binding lease agreement that outlines the terms and conditions of the lease, including the rent, duration, and permitted uses. Ensure that the lease agreement complies with all applicable laws and regulations.

NO Objection Certificate (NOC): You may need a No Objection Certificate (NOC) from the residents' welfare association or society if they have specific rules or bylaws regarding property leasing. Consult the society's rules to understand their objections and requirements.

Registration of Lease: Ensure that the lease agreement is registered as required by Delhi's tenancy laws. Registration provides legal validity to the agreement.

Compliance with Taxation Laws: Be aware of tax implications related to property rental income. Consult with a tax advisor to understand your tax obligations and benefits.

Fire and Safety Regulations: Comply with fire and safety regulations applicable to commercial properties. Install necessary fire safety equipment and adhere to safety guidelines.

Building Code and Permits: Ensure that the property complies with building codes and has all necessary permits for commercial use, if applicable.

Local Bylaws: Check if there are any specific local bylaws or regulations that pertain to the use of residential properties for commercial purposes in the NDMC area.

Legal Counsel: Consult with a legal advisor who is knowledgeable about property laws and regulations in the NDMC area. They can provide specific advice based on your situation and assist in navigating the legal requirements.

It's important to engage in open communication with the residents' welfare association or society to address their concerns and seek an amicable resolution. If required, legal counsel can help mediate and negotiate with the society on your behalf.
Thank you.
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