Commercial property sold as residential
6 months ago
I purchased a residential flat upper ground floor in Bihari colony Shahdara Delhi in 2017, but recently I got to know that it is passed as commercial floor as per the mcd sanctioned plan. But the seller sold the floor as residential and the previous title chain is also residential. My question is can I sell my floor as commercial as it is a commercial floor as per the sanctioned plan. If yes thn what would be the procedure? The electricity meter is domestic & I am paying residential property tax
A.Dear Client,
From the contents of the query, it appears that you bought a flat in a commercial -cum- residential complex. Based on the purpose of use of the Building, the architect made out the building plan assigning the portion of commercial and residential use. Accordingly, the building plan is approved by the Municipal Authority and levied the property tax differently for the commercial area and residential areas. When the concerned authorities are levying property tax for residential property, an Electricity meter is installed for domestic purposes and you are paying the Electricity bills in the domestic rate and moreover, chain deeds of the property show the status of the flat as residential, in that situation, it may be held that the flat is constructed in the residential portion as shown in the building plan. So you need to visit the office of the Municipal Corporation to verify and satisfy yourself regarding the status of the flat and floor, if required filing an application under the RTI Act, 2005 to access the information in order to avoid all sorts of future litigations and legal consequences.
From the contents of the query, it appears that you bought a flat in a commercial -cum- residential complex. Based on the purpose of use of the Building, the architect made out the building plan assigning the portion of commercial and residential use. Accordingly, the building plan is approved by the Municipal Authority and levied the property tax differently for the commercial area and residential areas. When the concerned authorities are levying property tax for residential property, an Electricity meter is installed for domestic purposes and you are paying the Electricity bills in the domestic rate and moreover, chain deeds of the property show the status of the flat as residential, in that situation, it may be held that the flat is constructed in the residential portion as shown in the building plan. So you need to visit the office of the Municipal Corporation to verify and satisfy yourself regarding the status of the flat and floor, if required filing an application under the RTI Act, 2005 to access the information in order to avoid all sorts of future litigations and legal consequences.
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A.Dear Client,
If the property is sanctioned as commercial in the MCD's records and as per the approved building plan, it should typically be used for commercial purposes. Using a commercial property for residential purposes may not be in compliance with local regulations. Ensure that the property's sanctioned plan clearly specifies it as a commercial property. Review the documents related to the property's approval and usage. Contact the Municipal Corporation of Delhi (MCD) or the relevant local authority to inquire about the procedure for changing the property's usage from residential to commercial. You may need to obtain the necessary permissions and clearances from them. You may need to change the electricity meter classification from domestic to commercial.
If the property is sanctioned as commercial in the MCD's records and as per the approved building plan, it should typically be used for commercial purposes. Using a commercial property for residential purposes may not be in compliance with local regulations. Ensure that the property's sanctioned plan clearly specifies it as a commercial property. Review the documents related to the property's approval and usage. Contact the Municipal Corporation of Delhi (MCD) or the relevant local authority to inquire about the procedure for changing the property's usage from residential to commercial. You may need to obtain the necessary permissions and clearances from them. You may need to change the electricity meter classification from domestic to commercial.
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