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r.sankaranarayanan (Official)     04 August 2019

Garage (meant for parking of vehicles only) in a co-op. soc.

In our Co-operative Housing Society at Mumbai, there is one garage bought by one person in his partnership/proprietorship firm name. He had expired and one of his sons claiming to be proprietor was dealing with the property. The person who had expired is suvived by his wife, two sons and one married daughter.  The son has offered to surrender the garage to the Society and asked the Society to consider payment of Goodwill amount of Rs. 5 lakhs. The mother (of the son who claims to be proprietor) is very old and will submit notarised document since she cannot go out for registering the document. His siblings are willing to submit any document the Society asks for. Is it necessary to make the siblings as confirmng parties to the sale deed. If so, how to insert the wordings in the surrender deed. It was decided to mention surrender and not sale and also goodwill amount to avoid tax.



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 6 Replies

Kishor Mehta (CEO)     05 August 2019

Succession Certificate from the High Court of Bombay is necessary to deal with the garage if the owner has demised intestate. Further a garage in a CHS can not be used as a business premises hence it doesn't have any goodwill. The Society may have face legal consequences if it becomes a part of such dubious deals.

Nikita Parekh   06 August 2019

You can inbox your email to further advise you regarding adding the particular surrender
clause in the deed executed

SHIRISH PAWAR, 7738990900 (Advocate)     06 August 2019

As the owner has expired nominee can transfer the property (garage) and if nomination is not there you have to get the court orders about the legal heirs. 

r.sankaranarayanan (Official)     07 August 2019

Thank You.

Shankar

r.sankaranarayanan (Official)     07 August 2019

Thank you very much for the reply.  I had mentioned "Goodwill" only because if we say sale (Instead of surrender) the sale proceeds can be taxable for per captial  gain tax. If there is any other term which we can use instead of "Goodwill", we can use that.

Kindly advise.

Shankar

r.sankaranarayanan (Official)     07 August 2019

my email id is rshankar27@gmail.com

Shankar


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