LAW BOOK

HT Estates - - Front Page - Su­nil Tyagi

I have leased my house to an in­di­vid­ual. How­ever, he has now fur­ther leased the house to a third party with­out my knowl­edge or con­sent and claims that he is en­ti­tled to sub­let. Is this cor­rect?

—Janak Raj It is not clear whether the terms of your lease deed ex­pressly pro­hibit sub­let­ting of the premises by the lessee. If and only if there is no ex­press pro­hi­bi­tion in the lease on sub­let­ting the whole/any part of the premises, the lessee is en­ti­tled to sub­let the premises. I am a man­age­ment con­sul­tant. Can I open an of­fice in my house which is on a plot on a mixed use street in Delhi? Are there any re­stric­tions on max­i­mum per­mis­si­ble area for an of­fice?

—Mohnish Ku­mar Un­der the mixed use reg­u­la­tions per­tain­ing to ‘pro­fes­sional ac­tiv­ity’ in the Mas­ter Plan of Delhi 2021 (MPD), it is per­missi- ble for a man­age­ment pro­fes­sion­als to run an of­fice from their res­i­den­tial premises on a mixed use street, pro­vided they hold an MBA de­gree/diploma from the All In­dia Coun­cil for Tech­ni­cal Ed­u­ca­tion/ Univer­sity Grants Com­mis­sion/cen­tral­lyrecog­nised in­sti­tu­tion or in­sti­tutes of na­tional im­por­tance and are mem­bers of the Delhi Man­age­ment As­so­ci­a­tion, and fur­ther sub­ject to other con­di­tions of the MPD.

As it is not clear whether your res­i­dence is in a plot­ted de­vel­op­ment with mul­ti­ple dwelling units or in a plot­ted de­vel­op­ment with a sin­gle dwelling unit, the max­i­mum per­mis­si­ble area for an of­fice will be as per the pro­vi­sions of the MPD.

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