Sister can take home tuition in the housing society of small group of students the society can charge some extra maintenance for kids using lift but cannot stop her from taking tuition. If there is such bye law in society same can be challenged before the high court.  

your sister is at liberty to conduct home tutions

2) since she is  residing in flat part of house can be used for conducting tutions

3) it is not business as alleged by society members

Ask your sister to provide below solutions to them for students:

Unknown students going through society leads to security issues. 

Solution: Student will come with their School/College Identity Card, and will enter their names in a register meant for the purpose by the Society's watch man. In the absence of watchman, you will maintain a log book, on which each student will write his/her name, with date, time in and time out, from your house.

In case, if society's secretary/chairman prevents your students from entering society's premises, then under Bye-law No.174(E)(ii) make complaint against society's secretary to local police station.

Advocates, Chartered Accountants, small time agents like Insurance Agent, share broker, estate agent and tuitions class are allowed in the residential flats, provided such activities do not cause nuisance, annoyance and inconvenience to other members of the society.

1. Legally speaking your sister can not demand continuation of conducting tution classes being a commercial activity from the residential area.

2. If she claims that she is not taking any fees from her students and coiaching them for their welfare then she gets the legal loophole to pursue her tution classes.

3. If the chairman still objects, she can approach the Registrar of Societies and if she does not bget the relief, she cxan approach then the High Court seeking relief.

you can make a formal complaint to the Registrar of Co-operative Societies against the decision of the society committee to not allow any tuition activity.

It is true that coaching classes cannot be open and operated in residential areas but your sister only teaches a few students at her home and hence this cannot be stopped. You hsoukd raise this issue in the general meeting and give an application to the concerned registrar cooperative society.

Regards 

You can also get hurr

Hi

Straight away check the bye-law of the said society.

If the same contains a restriction on the said activity (and  other activities also, as detailed in your post), she cannot continue.

However, if the same is silent, she can go ahead and raise her objection using the bye-laws.

Good Luck

In the matter of All Rajasthan Coaching Institute Association V/S Ghasi Ram Saini and others decided on 08 March 2016 by the Apex Court it has been decided that all coaching centres run in residential areas has to go so don't think it is a personal grudge.

1. if the primary user of the house is for residence and tuition is conducted only for sometime from the house from a certain portion, then no bye laws of society would be breached nor would there be any breach of HC/SC judgments

2. chairman cannot act at his own whims

3. a general body meeting has to be convened and the agenda/business of whether tuition can be allowed from your house, has to be put to resolution

4. based on the voting that occurs in the GBM,  a resolution is passed by managing committee of society

5. chairman cannot act like a private landlord

Mumbai DCR Regulation 51(i) states: Apart from residential use, Customary Home Occupation shall be permitted in buildings, premises or plots in a purely residential zone.

"Home occupation" is defined as customary home occupation other than conduct of eating or drinking place offering services to the general public customarily carried out by a member of the family residing on the premises without employing hired labour and for which there is no display to indicate from the exterior of the building. In other words, you or a family member must reside in the flat, must not have employed labour for the purpose of classes and there must be no display in the exterior of the building advertising your classes.

Regulations seem to Permit it but you may have to read the govering by-laws of housing society to understand if it  is permitted or not.

Without the permission of the association no such commercial activities will be permitted to be conducted in the residential flats.

Even if she approaches the local civic body she will get the same answer, hence if at all she still want to conduct the same then she may have to come down to certain extent and compromise with the chairman who may use his discretion to talk to other members of the association to allow her to conduct the tuition classes, or she has no option than to shift this activity to elsewhere.

1. As per the information mentioned in the present query, makes it clear that they are absolutely right in citing the above mentioned case rulings by the Apex court.
2. Yes, only these professions are allowed to have commercial activity in residential flat.
3. But, yes if your sister can talk to hem and try to convince them on the same then something can be done otherwise will be difficult for her to continue the tuition classes.