We live in an apartment with 6 flats. There is a garage owned by the sixth member. Recently we were informed that the owner of the sixth flat sold the garage to his son. Now they claim that there are seven flats instead of six.
Can the garage owner be treated as an additional member of the apartment and have equal rights.
We do not have a conveyance deed and we are not registered under the Apartment law of the state.
Asked 3 years ago in Property Law from Pune, Maharashtra
no he is not as additional member . garage can only be sold to existing flat owners . refuse to transfer the garage in name of purchaser . dont issue any share certifcate to the son
additional garage can not be taken as 7 occupant ,since it is owned by another owner of the same appartment
Advocate, New Delhi
The owner of garage (i.e the purchaser) cannot be treated as an additional member as garage is not a flat. Hence, there is no question of him being treated as an additional member. Additionally, garage could not have been sold by this person to his son. It could have been sold to only the members of apartment. You may refuse to transfer the garage to his son in share certificate.