Relative of member want to do ca practice in society.

Shreyas (Querist) 07 July 2024 This query is : Resolved
Can a Relative of member use the premises for CA practice? Relative is not member of the society.
Relative is daughter and Son in Law. Member is senior citizen and plans to stay at different place and has requested Managing committee to allow he Daughter and Son In Law to use the flat for practice.

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This discussion explores whether a relative, specifically a daughter and son-in-law, can use a member's society flat for Chartered Accountancy practice, even though they are not members themselves. Legal precedents suggest that CA practice is a profession, not business, and can be permitted in residential premises up to 50% of the space, provided it's not the dominant use. However, the relative is considered a third party, and permission from the society's managing committee and adherence to bylaws are crucial, especially if the original member is relocating.

T. Kalaiselvan, Advocate (Expert) 07 July 2024
Chartered Accountancy is neither commercial nor shop but is profession as held by the Karnataka High Court and Bombay High Court

The Bombay high court in WRIT PETITION NO. 1256 OF 1992 has held that the Chartered Accountancy is a profession and it is not a business. Premises used for dwelling as well as for business / office purposes then the dominant user still remains residential :

The Hon. Supreme Court in the case of Delhi Pradesh Citizen council Vs. UOI & Ors. Vide Writ Petition (Civil) No. 263 of 2006 vide para 5 which is in line with DC regulation of Greater Mumbai have held as under : “Professional activities will not be permissible except by Architects, Chartered Accountants, Doctors and Lawyers. Even by these professionals, professional activity will not be carried on in excess of 50% permissible coverage in residential premises and by anyone who is not a resident (dwelling) in such premises”.

From your contents it can be understood that your son in law and daughter are using the entire flat for the purpose of CA practice, which may not be permitted as per law.
For using this 50% space also you may need to obtain a formal permission from the resident welfare association in writing so that it do not attract any objections from the fellow members of the association.

kavksatyanarayana (Expert) 07 July 2024
If the committee members agree to do CA practice they can.

Shreyas (Querist) 12 July 2024
but son-in- law and daughter is not member of society. The senior citizen is member of society and she plans to relocate and not stay in the flat. In this case can the soninlaw and daughter do the CA practice in society?

T. Kalaiselvan, Advocate (Expert) 12 July 2024
The answer is very clear that the son in law is a third party in the society, therefore he cannot claim it as a right to practice profession in the flat of the society.
Besides, he is not even a tenant so that at least he can submit an application to this effect, therefore you may better go by the bylaws of the society instead of getting troubled by repeatedly asking the questions which do not convey any meaning

Shreyas (Querist) 12 July 2024
Thanks Sir. Your guidance is helpful.

P. Venu (Expert) 23 July 2024
I am at a loss to understand how the Managing Committee could be a dictator as to private affairs of owner of the property.

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