Can I rent out my residential house to a pre-school
I have a large house in Pune in a private society. I want to rent that out to a branded pre-school. But the society is not ready to give me NOC for the same. There are some members of the same society who are running pre-school/day-care from their home. Can the society object to me renting my house to the pre-school while allowing others to run it from their home? How can I contest their claim? What are the laws regarding the same?
Asked 3 years ago in Property Law from Pune, Maharashtra
Hi, request the society in writing if they objected to give NOC then you have to approach Hon'ble Court direct them to give NOC.
Send a legal notice to the society to give consent, failing which you can file a case in Co-Operative Tribunal or file a suit for Declaration of Title and Interest in Civil Court.
If there are other schools run by other members then you can also run the same.
If the Society does not give NOC even then you can proceed and give it on rent to the school.
1) you cannot give your residential premises to branded pre school without consent of society .
2) society NOc is a must .
3) if you start operating pre school without society consent it will take disciplinary proceedings against you .
4) you cannot carry on commercial activity in residential premises
5) if other schools are permitted in society and it has refused you permission you can drag the society to court for discriminating against you
1. Check what has been mentioned in the bye laws of your society in this regard,
2. Send a formal letter to the society asking for issuing the said NOC within 15 days thereof refering to the clauses of the bye law of the society and also mentioning that the society has already permitted functioning of such pre-schools run by other members of the socierty in the same building. Send the copy of the letter to the Registrar of Society of your state,
3. You will certainly get an reply,
4. If the society fails to reply on time, file a damage suit before the Civil court.
please note that stop work notice would be issued against you by PMC in case complaint is lodged by residents .
further PMC may take action against you under section 52 of Maharashtra town planning act
U have not clarified the nature of the Society whether it is a housing society or a commercial co-operative Complex or else. Ur selves verify it whether there is any provision allowing for renting as u ask us in the by-laws of it or not, if there is such a provision allowing, then Ur so called society is liable to issue u an "NOC" as u aspire. In this sequence the acts of other member of your society who run Pre-school/Day Cares as u said may be legal too and equally responsible to Ur society to allow u too to do so. You shall write to the society requesting to provide for NOC for renting out to a branded pre school as u like and if not allowed get Ur society by-laws to a local lawyer for vetting the same and seek legal remedy.
A. Generally, no one allow to run a school in a residential house, it is against the law. utilizing 20% of the space in a residential flat is legally permissible as long as the business in question falls within certain categories.Whatever the other aspects of the case may be, it is certainly necessary to get the approval of the housing society in a general body before using a residential flat for commercial purposes.
B. In case if the society allow the other members to run the school morethan 20% space in residential, it is also illegal and you can challenge the society's permission. So it's a commercial activity.
C. You can lodge the complaint against the Society before the MSC Apellate Court or District Registrar or approach the High Court by filing a writ petition.
1. Carrying out of commercial activities in a residential area is illegal as per the law of the land. So the bye laws of the society are germane to decide whether the decision of the society to refuse NOC is legal or not. Renting out the property to a branded pre-school without NOC from the society will invite disciplinary proceedings from the society which may result in closing down of the school and also recovery of damages from you.
2. You have stated that some other members of the society are running pre-school/day-care from their home. They must have been issued NOC by the society. You should issue a lawyer's notice to the society seeking a reply as to why they have received preferential treatment. If the society does not reply or its reply is not satisfactory then you may challenge the refusal of society in the court.
3. Furthermore, if the other members of the society have been given permission in violation of the rules, you or any member of the society may go to court and seek the closure of the pre-schools run from their home.
send legal notice to society as schools are functioning presently and you also want to rent out for schooling wait for reply, since NOC from society as wel as PMC is mandatory .
If there are some members of the same society who are running pre-school/day-care from their home,so you can plead the same ground in your claim and while allowing others to run it from their home why can not you run definitely should be answered.
if society is registered under society registration act then you have right to treat equal according to its bye-laws. some members are running their school or other institutions means these activities are permitted by its bye-laws then you can also use your house for the same. if they obstruct you then you have right to approach to the court for injunction order or society registrar for the obedience of bye-laws.