since you are staying in said house you can use your flat for conducting home tutions

2) it cannot be said you are using flat for commerical purposes

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.

Yes, this is indeed a commercial activity.

However the society Rules can not restrain a member to earn his livelihood.

So check the bye laws and challenge the same.

Since the same is not before me I can not comment in the validity of such restrictions.

No your Estate manager can not object to the professional activity which you are doing in your flat in the society. The definition for commercial activities in residential areas have been defined well in R.K Mittal and Ors Versus State of U.P and hence your profession comes under professional services

Occupancy right of a member of the cooperative housing society including the terms and conditions and the purpose of the use of the flat are specified in its registered Bye-Laws.

“Flat” is defined as under;

‘Flat’ means a separate and self contained set of premises used or intended to be used for residence, or office, or show room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment;

Members conducting tuition Classes in their flats in housing societies is quite common feature and the management is really at a loss to handle it properly without creating ill-will with in otherwise harmonious environment.

Where a flat Owner seeks prior permission to use the flat for tuition classes it will be extremely difficult to refuse except on the ground that the proposed classes would pose serious threat to security and peace, excessive engagement of the lift which may cause a grave inconvenience to the residents, as also higher running and maintenance expenses of lift, parking problems, where classes are proposed to be run as a professional activity by a member giving on rentals to a commercial organization etc. The managing committee would be well advised to put it up before the members in the general body meeting as the managing committee does not have an express/implied power under any Bye-law to consider such request and decide.

Have you applied for permission?