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Banning of yoga class in flat by association members
07-Aug-2023 (In Property Law)
I have purchased a Flat on the first floor. The Apartments are of non-cooperative housing type. The members of the association are restricting my wife to run yoga class in my owned flat saying it is not allowed here. Our only female student from good families do not use Lift and Parking of Apartment, also not making any noise or nuisance. I have searched the web and found that YOGA, TUITION, CA, Doctor and Lawyer are allowed to operate from Flat. Please, Advice.
It is allowed. In the case of Pant Nagar Anandlok CHS Ltd., at Ghatkopar, Mumbai, (Appeal No. 550 of 1985 decided on 24-11-1986 decided by the MSC Appellate Court) it was decided that carrying out activities like conducting yoga classes in a residential flat does not constitute a breach of bye-laws of a Co-op Housing Society. The judge said, “The professional activity of teaching certain arts would not in itself become commercial even though some charges are levied in giving some performance.”
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Adv. Dikshant Bhansali
Ahmedabad | 25+ Answers
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If you have already searched and found that yoga is not banned, you can continue imparting yoga classes in your flat. However, you must see the agreement with the Govt authority about use of your flat.
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No, they can not restrict you. However you just get checked article/ memorandum of association if there is mentioned something like that. I am sure there would not be mentioned like that. And you can shut their mouth. Even if there clearly mentioned not to operate any yoga class from the flat though it is not supported by law. You just raise your voice in right way.
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Adv. Mukund Kumar
Rajkot | 100+ Answers
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First of all you meet the chairman of your apartment and want to work from him, allow him permission in writing and if he permits you, you can do your work easily, then you are entitled to continue your work legally
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Adv. Chetan P Rathod
Ahmedabad | 25+ Answers
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