There is no such rule. They can't stop you legally. You can very well continue the same
Running tuition classes
Hello sir we are from surat Gujarat and we take flat in one co operative housing service society. We don't know the rule about starting home grammar classes of English. Building committee says they make rule that building don't give permission for home tuition. Now a days situation is that everyone has to earn and my wife is running English grammar classes and she running 5 days a week and 5 students daily come so what to do in that case pls give me suggestions and they say befor 10 years they pass law in building committee members meeting that can't running home tuition so pls reply me
Asked 5 years ago in Property Law
Religion: Hindu
17 Answers
I means they say they pass rule before 10 years and now we want to do grammar classes from home and only 5 students 5 days a week come so pls tell.me there is any rule building committee members pass which we have to follow or not or any solution for that we want because we have no other place for that so
Asked 5 years ago
Respected sir ...
Plz dont be agree to them as they are no one to decide what to do or what not ...infect they are violating the fundamental right which permits us to go anywhere in india and job there ..if they denies you the call the police with immediate effect they will handle then ...no need of worry as you are absolutely right at your place ..
Thank you
1. No Rule can stifle a person from earning his income in lawful means and hence this Rule is beyond to mandate of alw and hence is not enforceable in the eye of law.
2. SO continue the coaching as before and if they oppose you can file a suit for declaration and for injunction so they may not disturb you from running the tuition class.
3. In the alternative lodge complaint with the Registrar of society and the local police if they resort ot extra judicial means to stop running the classes.
Respected sir...
there is an article 14 in indian constitution which states that no one is above the law and law is equal for each and everyone ...so no need of worry as constitution guarantees you about the free and fair job within the india ...the will stand nowhere in front of you just complain to police once ....
THANK YOU
if you are staying in flat you can run tuition classes in your flat
2) the cases of Lakshman Sintre v. Balkrishna Shetye, BLR page 937 and B. R. Oswas v. Laxmibai, BLR page 214 it was decided that when residential premises are used for dwelling as well as for business office purposes so however that the dominant user still remains residential, it would not be in breach of the bye-laws and regulations of the society as there is no change of user involved.
The said resolution is illegal as you are staying in said flatand part of flat can be used for tuition classes
But they say they pass khardo before 10 years and every one has to follow that so what to do and where to meet expert in that type of case
Asked 5 years ago
You don't have to. You can continue. If they object call police
I have already advised what to do.
You can contact a local lawyer dealing in cooperative society cases
take legal proceedings against society before cooperative court
1. Very small tuition classes for earning income for self-sustenance is permitted by law, provided there is no coaching class board and no disturbance to peace to other society members.
2. However commercial grade tuition is not permitted in residential societies, as per recent Supreme Court orders.
3. You have option to file grievance petition before local Consumer Court, for redressal of your grievances, though these takes 4-5 years for a favorable order.
Yes you can contact me through kaanoon anytime
Dear Sir,
There is no prohibition in law to conduct tuition classes, you could tell the neighbors in appropriate way and conduct the classes such a way not to disturb the neighbors. If they go on harassing you, you can file a police complaint against them.
Society has no power to permit for activities other than residential purpose . No commercial activity can be initiated therein without written permission of society.
If the bye laws do not permit running commercial classes in the flats then you may not be able to do anything on it.
You may have to obtain permission from the society for running tuition classes.
The bye laws have been passed around 10 years back and not a recent one hence you cannot argue about it nor can dispute the rulings of the society.
As per Co-operative Housing Society Bye-Law if no commercial activity is allowed to run in the residential flat then you canot do anything about it.
You cannot get permission from local civic body also if the society is not permitting such activities in the residential flats citing their bye laws.
No petition in the court also may be maintainable because there is a ruling by supreme court that no commercial activities are permitted in the residential flats.
Dear sir
The society cannot stop you from running tuition classes in your flat.
And if they have passed any resolution then the resolution is illegal and you can complaint to registrar of societies against such law of society.
