Saurabh Revar 14 July 2018

Do I need permission

I'm a Physiotherapist by professional. And I have started my own clinic in a flat named after my mother in a Co-operative Housing Society in Thane, Maharashtra. So the secretary of the Housing Society had called me and asked me with whose permission had I started my own clinic in my own flat. I have also put a board on my clinic door which he is against as well. So what reply should I give the secretary? Do I need an NOC from him for starting my own clinic in my flat? And am I doing anything illegal.

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 14 July 2018

You can check the rules and regulation of your whether they allow for business activities in society.

Generally residential societies does not permit commercial activates in side society.

Adv Deepak Joshi +917017821512 (Advocate) 14 July 2018

You can check the rules and regulation of your whether they allow for business activities in society.

Generally residential societies does not permit commercial activates in side society.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 14 July 2018

You can refer this case to your secretary.
Business purposes: In 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.

Saurabh Revar 14 July 2018

@Deepak. It is not a commercial activity. It's a professional activity. And doctors do not come under Commercial activity, it's not a shop, we offer professional services.