• Is home tuitions in HCS illegal

My wife is a single lady living in a Housing Cooperative Society apartment, as I am out 25 days a month for business. For sake of earning a good living she supports me by taking tution at flat from evening 4 to 7 pm. Students of 2 to 6 grade come in two batches of 6 to 7 each with their parents dropping and collecting them after the classes. Suddenly after 3 yrs. members are trying to stop it by stating it as a commercial activity and will not be allowed. Please help and give me some light how to stop them by doing so.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

You can run tuition classes in the CHS as per cooperative housing law. Like CA, lawyers, Doctor's etc. So don't worry you can run the tuition classes in the flat without disturbing other members of the society.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Giving tutions at home is no commercial activity and hence by no means it can be stopped by the society.

The bye laws if any in support of bar of giving tutions can not over ride the law of the land or constitutional right of the citizen to earn livelihood by lawful means.

3. So your wife can continue to teach students at home and if your wife is caused hindrance to give the same she can file a suit for injunction.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No it's not illegal. Society can't stop you

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Since you are staying in said flat part of residence can be used for conducting home tutions 

 

2) it does not amount to commercial activity

 

3) complain to registrar against society

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

MC does not have e right to stop you from conducting home tutions 

 

it is not commercial activity 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

I have already replied on this count that it is not at all commercial activity.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No, it is not a commercial activity.

You can go ahead with your activity.  Make sure that, the ingress / egress of children do not disturb the neighbours / cause nuisance.

Take your immediate neighbours into confidence and continue your activity.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Taking tuition classes from home in a residential building is not a commercial activity. You are free to do so. If anyone has any objections then he may go to court to obtain injunction against you. However the society Rules can not restrain a member to earn his livelihood.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

This cannot be even remotely classified as a commercial activity.

Imparting education is not a commercial activity, and particularly not at your level. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You cannot be restrained from doing what you are doing,

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

See, Running of commercial activity in Housing society is  not permitted but as per Apartment or Housing Society Act of a particular State but there are some exceptions to this rule, It is always depend upon Apartment or Housing Society Act of relevent State in which profession or kind or commerical activity is exempted from running into Housing Society. However, you can approch Civil Court or Co-opertive Court as per your State. You should provide some more details such as State from which you belong, so to get proper advice. Meanwhile, you should consult good lawyer, and get stay of AGM order in your favour.  

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

NO, even owner can use 30% area of house for officer purpose - like advocate, doctor , teacher etc. and home tuition is never considered as commercial activity.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

No, society don't have any rights to stop tuition. There are different sections under co-operative law to deny their allegations.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Taking tuition in a flat is considered as commercial activity.

Hence it is pertinent to obtain permission from the society to take tuitions.

If the society is not granting permission then she may not be allowed to conduct tuitions in the flat.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

 

A profession is a vocation or occupation requiring special usually advanced education and skill. The work and skill involved in a profession is predominantly mental or intellectual rather than physical or manual.”

You may obtain permission from RWA and NOC from neighbors and conduct the tuitions, if there is any court case on this, you may challenge the same.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

No taking tuitions is not illegal in housing society and doesn't need prior permission for taking tuitions at home. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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