LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I own a house in Delhi and want to open a small shop in one of the rooms that over­looks the ser­vice street. Can I do so?

—Su­nita Nair As­sum­ing your plot does not fall in a cat­e­gory A or B colony, you may open a small shop hav­ing an area of not more than 20 square me­tres for cater­ing to daily needs such as sta­tionery, veg­eta­bles and fruits, etc, out of the 24 items listed in the Master Plan for Delhi 2021.

You can do all of the above from your house pro­vided it is lo­cated on the ground floor.

Fur­ther, you need to reg­is­ter for mixed use with the lo­cal mu­nic­i­pal author­ity and pay the an­nual mixed use charges as ap­pli­ca­ble.

I was the sole care­taker of my aunt and used to live with her. On sev­eral oc­ca­sions she told me that she would give the house which be­longed to her to me. Now after her death, her chil­dren have taken pos­ses­sion of the house and have de­nied my claim. What rem­edy do I have?

—Ashish Soni Ac­cord­ing to the suc­ces­sion law ap­pli­ca­ble in In­dia, if there is a Will in which you are the ben­e­fi­ciary, then you have a claim over the house. How­ever, if she died in­tes­tate ie, with­out a Will, her prop­erty will de­volve upon her le­gal heirs (her chil­dren in this case).

I have booked an apart­ment in an under-con­struc­tion res­i­den­tial tower in Noida. The flats are near­ing com­ple­tion and we have formed a Res­i­dents’ Wel­fare As­so­ci­a­tion (RWA). The builder has got the re­vised build­ing plans sanc­tioned with­out the ap­proval of the flat own­ers. In the re­vised build­ing plan, he has added extra floors to the tower. What is the way out?

—Ritesh Agar­wal In the case of Emer­ald Court Owner Res­i­dent Wel­fare As­so­ci­a­tion vs the state of Ut­tar Pradesh, the Al­la­habad High Court has held that sanc­tion­ing re­vised build­ing plans by the author­ity with­out ob­tain­ing prior con­sent of the flat own­ers is in vi­o­la­tion of the Ut­tar Pradesh Apart­ment Ownership Act, 2010.

Thus, as a re­course, at the first in­stance, the Res­i­dents’ Wel­fare As­so­ci­a­tion can approach the Noida Author­ity.

The au­thor is a se­nior part­ner at Zeus Law, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tions is real es­tate trans­ac­tional and lit­i­ga­tion work. If you have any queries, email us at ht­es­tates@hin­dus­tan­times.com or ht@zeus.firm.in

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