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MS (SELF EMPLOYED)     23 June 2009

flat and garage sell rights

 I am having a flat and a garage in a housing society with separe clear title, separate propoerty tax, separate society membership. 

For my financial needs I am planning for sale the garage.

Can the garage be sold.

kindly advice.

 

 



 6 Replies

A V Vishal (Advocate)     23 June 2009

Yes but within the legal framework of the byelaws of the residential society and the permission of the society.

MS (SELF EMPLOYED)     23 June 2009

 Thanks for the support conveyed.

Society is ready to give NOC subject to no use of garage for coomerial use.

Will this suffice.

 

MS (SELF EMPLOYED)     23 June 2009

 Thanks for resopnse.

By oversight I have clicked down-thump instead of up-thumb! sorry for that!

A V Vishal (Advocate)     23 June 2009

NOC is sufficient but go through the bye-laws, since if any clause prohibits usage of the garage for commercial pupose then you can face trouble in the future if any resident complains, and for my this piece of advise click twice on the thumbs up sign one to nullify the effect which occured by oversight and the other for this reply.

 

2 Like

nilesh chawda (tax consultants)     25 June 2009

the garage is meant for parking which is subordinate / ancillary object to the principle object i.e. dwelling hence both rights are INTERWOVWN and can not be segregated and sold to the rank outsider i.e. to a non member of the society. hence it lacks free marketeability 

MS (SELF EMPLOYED)     25 June 2009

The garage is not a shed. But having attached bathroom and wc block constructed as per santioned plan. Garage had been rented by me for a family at times and to students at times.  Society has charged maintenance charges as per non-ocupancy charges.

In this case weather the garage is sub-ordinate object?


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