• Rights of a garage owner (outsider - other than flat owner)

A person(not a flat owner) owns a portion of a garage by virtu of a gift deed from his mother who is also an outsider and acquired the said portion of garage from the promoter by a registered deed. Originally the entire ground floor (one garage & one room) was aquired by this lady. The garage was purchased from the promoter jointly with another person of our locality & the room in her own name. Two different deeds were there, one for garage & one for the room. Thereafter seperation of garage done. The room was sold to a flat owner.Now the son, owner of a portion of the garage only claims all common rights like electricity, water, key of main gate, right to stair case & roof right though being an outsider he has no function inside the building. Now what should the flat owners do?
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

The room was sold to a flat owner.Now the son, owner of a portion of the garage only claims all common rights like electricity, water, key of main gate, right to stair case & roof right though being an outsider he has no function inside the building. Now what should the flat owners do?

If there is no mention about who will have these rights in the registered sale deed, then the garage owner, if is aggrieved over the claim made by his rival, can file a suit for declaration.

The declaratory suit should be filed specifically seeking to declare the rights over the stair case and the roof either jointly or singly based on the merits in his side.

Until there is a civil case in this regard, even the compromise arrangement will become a problem in the future too when the new owners emerge.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Plz answer what are the rights the garage owner has & what the flat owners do now. The garage owner says that all common rights are mentioned in his deed.

If the rights over all these issues have been mentioned in the registered deed then what is the problem in rejecting the claim made by the rival claimant.

The garage owner, if confident about this then he can ask the other person to approach court for a decision in this regard.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. Well, a owner of any part of the building is entitled to all the common rights and facilities of the building.

2. SInce he appears to be a lawful owner of the garage you can not dispute his title merely because he does not own any other flat in the building right now.

3. Now since the garage is at the ground floor he can not sue the stair case freely to access to roof unless he requires the same to fix any problem like antenna .cable connection etc.

4. Apart from that he can use the main gate,common passage ,common lights etc.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) the garage was sold to lady along with the room

2) she had rights to use the garage for parking her vehicle by virtue of her ownership of the room in the society

3) once lady had sold the room to flat owner she could not have retained the garage in the society

4) issue notice to garage owner to sell the garage to flat owner

5) no share certifcate should be issued to the garage owner

6) garage owner does have rights to the common areas of the society

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

garage owner does have rights to the common areas of the society

2) once room has been sold by him he has no rights to retain the garage

3) contact a local lawyer and issue legal notice to garage owner to sell the garage to flat owner

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

It is typographical error

2) garage owner does not have right to common areas of the society

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

MY answer is yes as I stated above.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The Development Control Regulations for Greater Bombay, 1991 define two expressions, `garage-private' and `garage-public' in Regulations 2(47) and 2(48) respectively. According to these Regulations, `garage-private' means a building or a portion thereof designed and used for the parking of vehicles and `garage-public' means a building or portion thereof designed other than as a private garage, operated for gain, designed and/or used for repairing, serving, hiring, selling or storing or parking motor-driven or other vehicles.

The above definition has been accepted and were taken up for decisions against garages.

Now you decide whether your garage is a part of the society, if not whether you will be entitled to a right in the common areas of the society?

The term `garage' must be considered as would be understood by a flat purchaser and such person would contemplate garage which has a roof and wall on three sides.

Whereas your claim for garage is a separate unit or entity without a flat of the society attached to it.

Stilt parking spaces, if has been mentioned as Garage in the sale deed, would not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the advertisement and agreement with the flat purchaser. However you have not purchased the garage attached to the flat.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

1. What was mentioned in the sale deed registered in connection with the said garage? It is unusual that garage constructed in a building is sold to an outsider who is not the flat owner of the building.

2. Was it mentioned therein that he garage owner will enjoy all common rights like electricity, water, key of main gate, right to stair case & roof right?

3. If nothing is mentioned specially in the sale deed for the garage, then you can not deny him the common facilities enjoyed by the other flat owners since he is the owner of the garage located in the same building and will naturally require the common facilities to be used by him for conducting his business therein.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If the said garage owner is not restricted by the sale deed in using the common facilities at par with the other flat owners, then he will naturally be entitle to the said common facilities enjoyed by other flat owners.

2. If his right to enjoy the common facilities has been confirmed in his sale deed, then he can not be restrained to enjoy the said common facilities as enjoyed by other flat owners.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If the garage is situated at the same building where other flats are also situated being a part of the building and if the sale deed registered by him while buying the said garage does mentions that he will have the right to enjoy all the common facilities of the said building along with other flat owners, then the garage owner (other than a flat owner) shall have the same rights to common area etc. as enjoyed by a flat owner of a society.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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