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Renting my garage space is it fine
25-Feb-2023 (In Property Law)
I have a garage in bandra west.the ownership lies with my father.i want to know if I can rent it.also if the society can stop me from renting.i wish to rent it as a warehouse.please reply as soon as possible.
Hello,
As per the Q raised by you and as per my understanding first of all you want to use the garage which is located in the residential building for warehouse which is termed into business purposes and not into professional services hence you cannot use the same for warehouse purpose and if the society stops you from doing so the society will be having a valid point as you can use only for professional services
as well as:
Under Bye-Law No.78(d) of the model bye-laws of 1984 and Bye-law no.76(a) of the new model bye-laws of 1984 and Bye-law No. 76(a) of the new model bye-laws of 2001 no member of the Society should use the flat deemed to have been allotted to him for a purpose other than for the one for which it has been allotted.
Entire flat can be used for professionals and part of the flat can be used for business offices :
In general a misconception is prevailing in the housing societies in Mumbai that a residential flat can be used only partly for professional office or is also misconceived that a residential flat cannot be used for business office at all. CRUZ of the judgements on user of residential flats is that even if the entire flat is used by a professional person for the practice of his profession, there is no change of user to a commercial one and there cannot be a prohibition for the same. If the flat is partly used for business office, then also if the dominant user is residential, there is no violation of the provisions relating to the change of user.
As per the Q raised by you and as per my understanding first of all you want to use the garage which is located in the residential building for warehouse which is termed into business purposes and not into professional services hence you cannot use the same for warehouse purpose and if the society stops you from doing so the society will be having a valid point as you can use only for professional services
as well as:
Under Bye-Law No.78(d) of the model bye-laws of 1984 and Bye-law no.76(a) of the new model bye-laws of 1984 and Bye-law No. 76(a) of the new model bye-laws of 2001 no member of the Society should use the flat deemed to have been allotted to him for a purpose other than for the one for which it has been allotted.
Entire flat can be used for professionals and part of the flat can be used for business offices :
In general a misconception is prevailing in the housing societies in Mumbai that a residential flat can be used only partly for professional office or is also misconceived that a residential flat cannot be used for business office at all. CRUZ of the judgements on user of residential flats is that even if the entire flat is used by a professional person for the practice of his profession, there is no change of user to a commercial one and there cannot be a prohibition for the same. If the flat is partly used for business office, then also if the dominant user is residential, there is no violation of the provisions relating to the change of user.
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Adv. Chinnmay S. Shah
Mumbai | 200+ Answers
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