• Regarding home tuition in small flats (8 houses)

We have a neighbor owning two Flats and conducting Hindi Tuition for more than 30 students
from LKG to 12th Standard and they are using mostly the common areas like staircases /open terrace of the Flat also the Children's are leaving their foot wears as they like and are making noise which is in convenient to us. Is it legal on their part we humbly told them to keep it every thing inside the door
But they refuse to do so.
What shall we do ?
Please assist
Thanks
V.Krishnamoorthy
Asked 4 years ago in Civil Law

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14 Answers

Hi, First you have to lodge a complaint in your association and request them to take suitable actions.

2. Suppose, if the association fail to take actions then you have to file a suit before the court.

Pradeep Bharathipura
Advocate, Bangalore
5394 Answers
310 Consultations

4.5 on 5.0

neighbour can conduct home tuition in his residence

2) part of house can be used for classes if he is staying in said flat

3) society can impose restrictions that footwear would not be kept outside the flat

4) students should not obstruct the use of common areas of society

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1. Well, there is no illegality in running a tuition class in the flat legally owned by someone.

2. Now the volumes of students involved is likely to make few mess in the flats.

3. So as long as the students do not cause nuisance or disturbance to the neighbours you can not stop the person from running tuition.

4. however you may ask him to discipline the students so they may not cause much noise of ruckus in the complex.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firslty, as per the information given by you in the present query, it seems that the area is purely of the nature of residential purposes.

Secondly, if they still not listening to your request then I may advice you to take legal action against them.

Thirdly, you may have to file a suit for permanent plus temporary injunction agaisnt then as they been creating nuisance for you.

Fourthly, they may take up the pleas as they have been helping ye society for providing less expensive education, but believe me that won’t help them as they been doing something which is totally not acceptable by other as well as prohibited by law.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

If other professionals like CA, Advocates, Doctors etc. have there offices in your society, then no body can stop your neighbor, just go through the terms and conditions byelaws of the society.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

You may take up the issue with the residents' association and seek the assistance of the office-bearers to sort out the issue. You may warn them that you would take up the issue with the corporation or the municipality so that their flats would be commercially assessed for property-tax.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

1. The said flat is being used commercially when it was marked as residential area.

2. If you have the Society/Association consisting of members being the flat owners of your complex, then you should first lodge a complaint to the Secretary of the society under copy to local police, municipal corporation urging for taking action against such illegal and commercial us of the said flats causing inconvenience to the neighbours.

3. If police or Municipal Corporation refuses to act, you can file a writ Petition before the High Court,making the neighbour te private party, praying for a direction upon the Govt. Authorities to act based on your complaint and for restraining the neighbour in disturbing you with his said act using his flats for commercial purpose.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

HI

1) First and foremost your neighbour should have taken No Objection certificate from flat owner's association prior to engaging in private tuition at Home.

2) In general, residential apartments can be used for professional activities(not commercial activities) provided the work done by professionals involves element of service and not an activity relating to purchase and sale of goods.

3) For example if a lawyer, doctor, chartered accountant provide services then these are permitted in a residential apartment

4) If your neighbour has restricted herself/himself to provide tuition to 5 students per batch and not more than 4 hours a day, then it would have been a permitted activity in a residential apartment.

5) However since you say it is more than 30 students, it is very clear that the premises is being used for commercial activity as it is classified as activity to purchase and sale of goods and as such constitutes a commercial activity.

6) Also if there is another teacher (other than the neighbour) then it constitutes a definite commercial activity even if the number of students are restricted to 5 per batch.

7) You can complain to

a) flat owner association asking them to restrain your neighbour from commercial activity

or

b) Alternatively you can complain to Police or file a private complaint with magistrate of your jurisdiction to take necessary action against the neighbour for nuisance, violation of rules regarding usage of premises etc.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

1) They can't take tuition in society unless u until its commercial building or separate apartment.

2) If your building is registered under society act than you can make complaint to registrar regarding this if society Secretary and President is not taking any action against it.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Sir the concern can be raised with the society as the common area is for the beneficial for all the people if nuisance is caused in same society can restrict same further if he doesn't listen a police complaint can be filed and a civil suit from restricting them for the common area for the tuition.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Taking home tuition is a commercial activity and they have to follow the rules and should not run any commercial activity in the apartment in case you have the problem and you have the resident welfare association for the apartment you can made objection from the society otherwise you can complaint to the Municipal Corporation

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can send legal notice regarding the issue through society.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. Typically Home-Tuitions are not classified as Commercial Activities. Hence not much can be done. However, using a petition signed by all other Flat-Owners, you can make complaint to the Society and/or to the local Civic authorities and try to convince them of the problems.

SIMPLE SOLUTION:

2. In Mumbai, in such scenario's we just simply a little old cooking oil over the Chappels and Shoes placed outside on the common passages. This affects greatly and then all the footwears are kept inside the flat. TRY it IF it is possible. It works wonders and there is nothing illegal about it.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If the tuition classes conducted by the neighbor is disturbing your peace at home or creating nuisance to you, then you may inform them about this and ask them to stop it, if they dont listen then you may make a representation to the society in writing.

If the society is also non-effective then you may approach the local civic body with a complaint about this and seek legal action on this.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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