• Can I start a preschool in my flat

I have a flat in Pimpri-Chinchwad pradhikaran area, I do not stay in this flat whereas I wish to start a preschool in here along with my friend. This flat has a separate entrance facing the road where as the society has a different entrance. Do I need society's permission to start the preschool. And if the society does not permit what can I do in such situation?
Asked 7 days ago in Property Law from pune, Maharashtra
Religion: Hindu
You need society permission to start pre school in flat 

You cannot use premises for preschool without society permission 

Further you have to register with govt under provisions of Maharashtra pre school act 
Ajay Sethi
Advocate, Mumbai
35154 Answers
1949 Consultations

5.0 on 5.0

Hii , legally you cannot run a commercial activity in a residential apartment .. However , if the society permits you to run it , and no one objects you can continue with it .. But if you are asking in pretext of legal scenario , then it is prohibited 
Hemant Chaudhary
Advocate, Gurgaon
733 Answers
3 Consultations

5.0 on 5.0

You will have to register your self under the provisions of Maharashtara Pre School Act and then with the permission of the Society only you can operate a pre-school in the flat. 

Regards
Anilesh Tewari
Advocate, New Delhi
1823 Answers
17 Consultations

5.0 on 5.0

If commercial activity is permitted here, you are free to operate the preschool from here. Check with the Pradhikaran Office.
Vibhanshu Srivastava
Advocate, Lucknow
749 Answers
1 Consultations

5.0 on 5.0

Prior to starting a preschool or school, it is important for the Promoters to know about the State Education Act and play to obtain the relevant registrations. 

It is true that a residential flat cannot be used for commercial activities by a member or third-party. Commercialization of residential apartment / flat is often opposed by apartment / flat owners association and its members. You can call a meeting of apartment owners and convince them that your business or service is not a commercial activity and ensure that your clients or customers are not a threat to apartment owners and its residents.

Get permission from your flat owners association or housing society and its members before starting your business or service. This clears misunderstanding and gives you support from other apartment owners. Ensure that your client or customers are not using common areas such as parking lot or other amenities. Ensure that your business or service is not becoming a nuisance or threat to security.
Ajay N S
Advocate, Ernakulam
2442 Answers
28 Consultations

5.0 on 5.0

1. A preschool comes within the ambit of 'commercial activity'.

2. You have to seek the permission of the society provided the bye laws of the society does not prevent such activity in the society.
Ashish Davessar
Advocate, Jaipur
21327 Answers
571 Consultations

5.0 on 5.0

A. Lawyer and Doctors are permitted to use their residential house for commercial purpose. 

B. You need to get clarity from the Apartment Association with regard to preschool start by contemplating bye laws of the Association.

C. Generally, commercial use cannot be permitted in the residential premises. However, you will have to be verified the local municipal bye laws with respect to the same as certain business or commercial activities have been  permitted in the other states at the residential premises. Exa: Bangalore.

D. If the local bye laws is permitted, you should get the permission from the local authority by paying prescribed fee. However, bye laws of the Apartment Association will be crucial in such matters. 

B.T. Ravi
Advocate, Bangalore
784 Answers
48 Consultations

5.0 on 5.0

Generally commercial activities are not permitted in the residential flats.
However you can seek permission from society for this, if they don't permit then you may have to look for some other commercial location.
T Kalaiselvan
Advocate, Vellore
25086 Answers
247 Consultations

5.0 on 5.0

1) even if you start school under charitable trust you have to reviser with the government 

2) you would also  need society permission to start school in flat 
Ajay Sethi
Advocate, Mumbai
35154 Answers
1949 Consultations

5.0 on 5.0

To deal with the situation can i start the preschool under a charitable trust.

In India, there are a few states that have laid down certain rules and regulations with respect to running a preschool in a residential area.
However in your case just a permission from the society may be enough to run the pre-school even on a commercial basis provided it do not disturb the other inhabitants of the complex.
T Kalaiselvan
Advocate, Vellore
25086 Answers
247 Consultations

5.0 on 5.0

no, there is this doctrine of lifting the veil, you are barred by the same. A thing which you can not do directly you can not do indirectly either. 
Kindly obtain all the required permission before starting the pre-school.

Regards
Anilesh Tewari
Advocate, New Delhi
1823 Answers
17 Consultations

5.0 on 5.0

 charitable trust is good for starting an institution. But in your case getting permission from your flat owners association or housing society is important for starting the preschool. 
Ajay N S
Advocate, Ernakulam
2442 Answers
28 Consultations

5.0 on 5.0

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