doctor practice in apartment

Your query required specalized input from Advocate from Bihar who is good in Bihar state law because this subject comes under concurrent list , and thus Central and State Law is required to study  to give perfect ans.

Myself from Maharashtra and since law of all states are mostly common I would prefer to ans. this query from Maharashtra point of view , it can give general overview but specific case only proper Adv. from Bihar state only can give you ans.

1)  Society is technically owner of land and building (Subject to conveyance received from original owner) and Share holder just have right of share in Society and flat is allotted as per previous agreement of sale which person does with buiilder/developer/original owner

2) Since Society is owner , so General body resolution is final , if you don't like any resloution as member you can contest in Co-operative court (Maharashtra specal co-operative court is established Bihar I don't know)

3) When building plan is sanctioned according to Regional Town Planning Act, while sanctioning plan they mention , every inch as residential /semi residential /commercial /shop /etc

4) Now if in building plan it is residential unit or residential flat then it should be used as residential only as per Act

5) Under circumstances Society resolution is correct that it should not be used for commercial /proffessional purpose as per law

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There are certain exception

1) In very small scale person who does specific proffession can quietly do work without disturbing society , eg. Lawyer sitting in his residence and study and once a day attend one or two client. Same thing applies for CA etc.

2) But if Dr. practice is more and many ptients are going to come so it may disturb society other member so they may dispute it.

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Solution

1) If we go by books of law then society is 100% correct and quaralling can lead to no consequence

2) But if some thing is worked out with mutual understanding between members without trobling others then things can be taken in positive note. 

3) Goal in such case is to cause minimum disturbance to neighbours . Remaining local govt. tax etc. is immaterial in such case 

Thanks for reply.there is a Judgment from ALD HC and the essence of decision is that professionals can practice at home in an area around 30% of their floor area like doctors and lawyers and does not come under commercial activity. In the Annexed Judgment the doctors have crossed the limit of 30% of floor area and gone to the extent of admitting patients which of course are not permissible. However there are various judgments of Hon'ble SC and from various HCs' that says there is no bar for doctors, lawyers and chattered accountants to practice at their residential flat / apartments as long as they do not use the substantial portion of the flat for profession.please go through this and clarify your answer about my query.