• Rent out my row house to a branded pre-school

Dear Sir
Greetings for the Day !
I have a 4 BHK row house in Nashik Maharashtra.Out of 6 row houses I own 2 houses .
There is no housing society formed or registered.We are total six row house owners.We have separate entrance access having no common space.
I want to rent out my row house for branded per-school.Do I need to take permission from individual owner ? as there is no society formed ? 
One owner has rented his row house for classes without asking any permission.
One member always gives me trouble he insist I should rent it to family only.
What are the laws for the same ? How to go ahead ?
Thanks in advance !

Thanx
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 2 hours.

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5 Answers

1) obtain permission from muncipal corporation . running schools in residential establishments was against the law.

2) if you dont take permission stop work notice can be issued against you under section 52 of mahrashtra town planning act

3) 52. (1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development, or institutes, or changes the use of any land

(a) without permission required under this Act; or

(b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted;

(c) after the permission for development has been duly revoked; or

(d) in contravention of any permission which has been duly modified.

shall, on conviction, be punished with imprisonment for a term which shall not be less than one month but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, and in the case of a continuing offence with a further daily fine which may extend to two hundred rupees for every day during which the offence continues after conviction for the first commission of the offence.

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1) since no society is formed you dont need permission from cooperative housing society

2) )Maharashtra Preschool Centres (Regulation of Admission) Act. 1996.provides for compulsory registration of pre schools in mahrashta.

3)ou need permission from appropriate authority for starting preschool in maharashtra . it should be education officer of muncipal corporation

4) the management has to submit application within period of 60 days from date of opening of pre school to appropriate authority accompanied with fees of rs 500

5) in the event managment violates provision of act it shall after enquiry be prosecuted and punished with imprisonment for upto one month or fine upto rs 5000 to Rs 10,000

6) you dont need any further permissions

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. To rent your house to pre school there is absolutely no requirement to take permission from municipal authorities.

2. You don't require permission of neighborhoods occupiers also.

3. Earning livelihood by giving rent is your right and there's no irregularities if you don't ask for permission.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

The neighbors cannot impose any restriction to your own ideas about letting out your flat to anyone of your choice.

However the law on such issues is clear that since this is a commercial activity and likely to create nuisance and noise pollution, the approval or permission by local civic authority may be essential.

there are a few states that have laid down certain rules and regulations with respect to running a preschool in a residential area. For instance, a person has to get the approval(s) from the DDA land authorities in Delhi, HUDA sectors in Haryana, Development Authority in Noida, Goa & Rajasthan. This implies that if an aspiring individual considers himself to be capable of setting up a preschool, then he can do that in an extremely hassle-free manner.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Now my question is ,If I get permission from Municipal corporation does it mean I have no other obligations ?

Municipal corporation are the competent authority to sanction such permission, you may have to follow the laid down formalities/procedures in this regard and once you fulfil the condition, you can proceed.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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