Garage Redevelopement in Co-op Hsg Soc
I stay in Co-op Hsg Soc building in pune city (within municipal limits) which has 12 flats and 1 (detached/covered/ closed) garage of approx. 200 sq ft builtup area nearby in its premises. All the 12 flat owners are members of society.
Garage is owned by one of the flat owners, who is part of society as ‘flat owner’ and not part of society as 'garage owner'. That flat owner's father owned vacant plot on which the building and garage stand today. Original Developer gave his father two flats and one garage i lieu of vacant plot. Later, after death of his father, he sold one flat to other person an retained another flat and garage with him. The garage is kept locked and not used for parking / residential/ commercial purpose etc. The garage doesn't have separate light meter. There is temporary wiring from flat owner's meter to his garage. There MAY not be any separate corporation property tax account for garage. Society does not spend on garage maintenance.
We have a registered tri sale deed done by original developer with socirty and having this flat owner cum garage owner's father's consent . This sale deed is for complete plot on which flat and building stands today and is in favour of our society.Now we are thinking of redevelopment of society building.
Selected developer has asked the flat owner cum garage owner to accept financial compensation in lieu garage. But that flat owner doesn't want financial compensation. The developer has one scheme currently under construction outside pune city (outside municipal limits). Developer is ready to give garage owner a complete 2 BHK flat of 800 sq ft salebale area with open parking in lieu of garage there. Our redeveloped building will be ready in 2 years from date of signing of agreement with developer. So garage owner had given his initial acceptance to this offer as that flat will be ready in six months. Developer asked the garage owner to pay amount of 2 lakhs and stamp duty + registration fees (almost 1.5 lakhs). Garage owner is refusing the offer by saying that developer should not demand any amount from him and stamp duty + registration fees should be paid by developer. He says that as there is difference of market rates of both locations, his value of garage is higher than price of that flat. Developer is not willing to accept his logic and says the flat price outside pune city already exceeds garage value, and also it will be handed over in near future to garage owner.
Alternatively, garage owner is demanding additional area equivalent of garage area in his redeveloped flat, in addition to free area offered by developer to him as a flat owner. Otherwise he is demanding a separate unit in lieu of garage in redeveloped building apart from his redeveloped flat. He wants this unit to be of existing garage area + proportionate free area offer given to flat owners. Developer is not ready for this option.
Developer cannot build new building keeping the garage ‘as is where is’. Is it legal to accommodate the separate unit in lieu of garage in redeveloped building when 'garage owner' is not part of society.
So even if all 12 members are ready for redevelopment, the agreement cannot be signed because of adamant stand of 'garage owner', who is not a member of society. Kindly advice what stand should be taken by society. What should be the legal course of action for society, developer, garage owner?
One Society Member, Pune.