• Parking in flats

Dear sir

I have purchased a flat in Solan and there are total 4 floors in the building. Originally ground floor was got passed as garrage by the owner of the building. Municipal Corporation even gave letter that this ground floor can be used as garrage and not as shops. Now Owner of those garrages has sold this floor to shopkeepers who are have opened the shops in this particular floor. They are depositing money in commitee also as per shops . I want to ask whether municipal corporation can change convert the garages into shops at a later stage though originally they have passed then as garrage. Also on the original map / naksha this floor has been mentioned as garrage. Pl intimate me whether it is possible to change the type of building 

Regards
Asked 2 years ago in Property Law from Solan, Himachal Pradesh
as per building plans sanctioned by Muncipal corporation ground floor is to be used only as garages . on basis of plans sanctioned you have bought the flats . in case any garage owner sells his garage it can only be used for garage . use as shops is illegal and in violation of sanctioned plans . 

you can move civil court and obtain an injunction restraining purchaser from using garage as shop .
Ajay Sethi
Advocate, Mumbai
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committee has no powers to convert garages into shops . obtain copy of resolution passed by Committee and you can challnege the resolution passed by Committee . it is only muncipal corporation that can grant conversion of garages into shops and that too wwith the consent of members only
Ajay Sethi
Advocate, Mumbai
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already replied
Rajeev Bari
Advocate, New Delhi
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The owner had to seek permission form corporation before selling the garage whereupon corporation had to invite objections from all the members involved. Even corporation has no power to carry out such a conversion except with the consent of all the members who are likely to be affected by such a move.

Move to court and seek a stay order over the sale of garage as a shop.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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You have already received reply to the fact that the place has been mentioned as a 'garage' in the original map. The same could not have been sold. Your remedy lies in moving the court ad seeking a stay order.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
5.0 on 5.0

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