Residential
ramaswamy
(Querist) 22 October 2013
This query is : Resolved
In our society a member's daughterinlaw started teaching children as a hobby. The member and his family have thereafter shifted to another location. Now they are using this flat exclusively for giving tuitions to children in a big way. In short they are commercially exploiting the space.
What are the implications of this development under the law.
ABDUL RAZIQUE
(Expert) 22 October 2013
first you complain to your association for forbid such activity as wrong full gain.
file a 144 cr pc before the executive magistrate to pass an order to stop utilize residential room as commercial basis.
approach to building department.
Rajendra K Goyal
(Expert) 23 October 2013
Refer the bye laws of the society and if bye laws does not permit such activities, take up the matter with the Society.
Ms.Nirmala P.Rao
(Expert) 23 October 2013
You need permission both from Society as well as local Municipal authority for turning residential flat in to commercial property. Get clearances from the above authorities. However, since the activity in question is education related without involving activity of causing pollution to your neighbors etc, permission from your society may be required. If you are satisfied with this reply please press the Thank you button on my profile.
ajay sethi
(Expert) 23 October 2013
if member daughter in law was staying in said flat she could have used it for taking tuition too . since she has shifted to another location she cannot use same for taking tuition .
Ms.Nirmala P.Rao
(Expert) 23 October 2013
If she doesn't cause nuisance under law by way of her tuition activities and with society's permission took the flat in question on rent for her teaching activities she doesn't require any permission at all FROM THE SOCIETY if already the society knows of her teaching activities prior to its permitting her to rent that flat for such activities.
ramaswamy
(Querist) 23 October 2013
Basic issue here is that the entire family earlier was residing in the same flat. As a hobby the members d-in-law was conducting classes.
But now all of them have shifted to their new house and in this vacant flat the lady is conducting tuitions with the help of a teacher.
other members are aware of this matter but have preferred to keep quiet.
In this context if the carrying on of the activity of tutoring children in the residential flat is legally permitted nothing can be done. Hence the query.
Thanks and Regards
ajay sethi
(Expert) 23 October 2013
as mentioned earlier if lady is residing in said flat she can take tut ions too . but she cannot create nuisance for other members by using it exclusively for tuition
let MC issue notice to said member that flats are to be used for residential purposes only .no prior permission has been taken from society . tell the said member to desist from such activities forth with .
Rajendra K Goyal
(Expert) 23 October 2013
Agree with the advise of expert ajay sethi ji.
Raj Kumar Makkad
(Expert) 23 October 2013
ell advised by experts leaving no space to enter.
