• Renting parking space to outsider

Our residential building consisting of 12 flats have been handed over by the promoter but society is yet to be formed. However , garage spaces ( mentioned in the purchase deed and paid for ) have been alloted to the members through lottery. One of the members have rented his garage space to an outsider without the consent of other members. Can he do so legally ?
Asked 1 year ago in Property Law from Kolkata, West Bengal
Religion: Hindu

member cannot rent out parking slot to outsider

2) notice can be issued by builder to said member

3) if he fails to evict outsider legal proceedings can be taken against the flat owner

Ajay Sethi
Advocate, Mumbai
69022 Answers
4153 Consultations

5.0 on 5.0

Till you form the RWA you may not be able to control or object any such act.

It's not difficult to form society as the model bye laws are in the apartment act. This should be adopted and get the society registered with registrar of societies and for the RWA to control maintenance and affairs of the society.

Vimlesh Prasad Mishra
Advocate, Lucknow
5683 Answers
19 Consultations

4.9 on 5.0

1. Since there is no restriction on the fat owner to let his flat on rent , there is no restrictions on renting of parking space either.

2. So you can not restrict the owner of the parking space to give this parking space to anyone he chooses on rent.

Devajyoti Barman
Advocate, Kolkata
18123 Answers
260 Consultations

5.0 on 5.0

Dear Client,

If particular area for parking is mention in sale deed than through lottery is not valid,

Next, Being sole owner of property, he can allow any one, to use the garage, but such renting is not permissible/restricted in apartments for security reason, keeping outsiders away.

So for this purpose, it has be include in bylaws on society or condition for members that no members is permitted to allow outsider to use the residential area for any purpose except the flat itself put on rent.

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

Your question: One of the members have rented his garage space to an outsider without the consent of other members. Can he do so legally ?

Answer:

This is my response:

1. No the member cannot do do without obtaining an NOC;

2. If the society is not formed, there could be atleast a temporary administration office for your building?

3. Nonetheless he will require permission of municipal authorities to sell it;

4. Also one cannot sell garage, since it is common area of the building and other members have claim/say in the matter.

Gowaal Padavi
Advocate, Mumbai
1844 Answers
2 Consultations

5.0 on 5.0

No he cannot.rent the garage to a non member in the society.Since the society is not formed issue a notice builder and the member for eviction of such tenant as it compromise security of the society.

Further society can be formed and the strict bye laws in this reference can be added

Shubham Jhajharia
Advocate, Ahmedabad
20887 Answers
81 Consultations

5.0 on 5.0

Officially the member cannot let out his garage on rent to an outsider, however if that person is a tenant of that flat, this can be regularised.

However in the absence of a registered society, who has a right to question him, because of the fact that he has not infringed other member's rights.

A society or a recognised body can only put an objection and not a co-member of the premises.

T Kalaiselvan
Advocate, Vellore
58863 Answers
745 Consultations

5.0 on 5.0

1. Was it not been written in the sale agreement or sale deed that he can not let out his flat or garage without the consent of his Society?

2. Legally speaking, unless there is a rule, resolution or direction upon the said flat owner to let out his flat and garage or only garage to outsider and if the same does not find a place in the sale deed or sale agreement, you have no legal tool to stop him doing so.

3. After the Society is formed, a resolution can be taken to that effect and in that case it will be with prospective effect and not retrospective effect.

Krishna Kishore Ganguly
Advocate, Kolkata
22779 Answers
612 Consultations

5.0 on 5.0

No, but subject to the formation of the rules as per the society.

Even if the society come into existence now then also rules may be framed in that way so that outsiders are not allowed as it may be harmful for the security purposes.

As the rules may be applicable retrospectively also.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

Sir

He is the owner of the garage and he have right,title and interest over the garage. So, he can rent it out to other.Only, if there is no social problem.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

5.0 on 5.0

Hello,

Yes he can do the same legally.

But note that the place can not be used for any other purpose other than garage.

Regards

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

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