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Chanchal   14 May 2021

Right compensation for our 2 closed garages

Background: Our building is going for redevelopment. We have 2 closed garages in the building that we were using as a shop since the start. Both these garages are in the building compound, but not under the building. Currently, we are not running any business so its closed for about 10 years now. We are still paying the commercial rates for electricity and property tax even today.

Question: The builder is offering us 2 slit parking space in the new building in exchange of these 2 garages which we feel is unfair. We don't want to bully the builder with unreasonable demands but at the same time we need a fair price in exchange of our garage space. The property tax bill says that the approx. value for them is about 50L.

Our ask:
1) To give us the same closed garage option in the new building (this is not possible because of the new layout proposed by the builder)
2) To give us the exact same area of those two garages (300 sqf) in a new flat and we would pay for the balance new space
3) Pay us as per the current rate - about 40K * 300 = 1.2Cr

Let me know your legal view.


Learning

 7 Replies

Sankaranarayanan (Advocate)     14 May 2021

if you feel the builder not fixed a fair  and decent price or replacement then you can approach a local lawyer and initiate legal proceedings

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     14 May 2021

1. IF the Garages had originally not consumed FSI, THEN builder does not stand to gain anything from dealing in the Garages, without any exceptions.

2. Negotiate amicably with Builder, without much expectations, IF the above is true. 

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Dr J C Vashista (Advocate)     15 May 2021

What is the dispute / legal issue involved in the query ?

Settle the same with builder

G.L.N. Prasad (Retired employee.)     15 May 2021

Except settling the issue through mutual negotiations, there is no litigation involved.  You can only bargain for better terms.

T. Kalaiselvan, Advocate (Advocate)     17 May 2021

The solution depends on the negotiations only.

You cannot claim space for  garages if you do not have any relevant documents to prove your ownership of the garage even though you may be paying electricity charges and the property tax.

You may not find any legal remedy to this issue until you prove your title to the  garage which is undergoing redevelopment through court of law if the  builder is not coming for any compromise and an amicable settlement/solution.

 

Chanchal   17 May 2021

Thank you sir. But what is a fair ask in my case? Does garage area = flat area so that I can bargain accordingly with the builder?

T. Kalaiselvan, Advocate (Advocate)     24 May 2021

Since you own two garages an the builder is bringing the4se two garages  into the redevelopment, you can demand your reasonable rights and should not accept whatever the builder throws on you  as a compensation  this.

You can refuse to leave the two garage space if  the builder is not compensating   a reasonable demand from your side and the same is incorporated in the agreement. 

You re the better judge of the situation hence you can decide based on the prevailing circumstances. If you are not able to take a considered decision you may take the assistance of a local lawyer to get a fair deal out of the bargain with the builder. 


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