Covered garage Covered garage

1 week ago

Our society which is in Mumbai is going for redevelopment.
We have covered car parking which are separate and not forming part of building.
Society has not issued any share certificate for garage.
Garage owners have not paid any stamp duty and registration fee.
Society collects property tax from garage owners.
Garage owners have given Affidavit to bmc that garages will be used only for car parking
My question is who has legally the ownership of garages are they considered as common area of society?
What rights does the person having possession of garages get in redevelopment

Anik

Responded 1 week ago

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A.Dear Client,
Nobody is the designated owner of open spaces like terrace, parking, lobby etc the apartment management has the authority over it. But for a closed space garage parking space individual flat mates have to purchase space if they require from the apartment authorities or builder. any changes made to the parking space required the consent of all the owners who one a share of space. verify with the apartment authorities
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 week ago

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A.Dear Client,
In redevelopment projects the garages and parking spaces are considered as the part of common areas. It is important to obtain the consent of certain percentage of garage owners to proceed with the redevelopment project. If the garage owners have not paid any stamp duty or registration fee, then the Society is the owner of the garage. However, redevelopment of cooperative society buildings including garages are governed by the rules and regulations of the Society. If the garages are affected by redevelopment or demolition project, then the garage owners must be compensated by providing alternative options. The construction is only possible by consuming FSI (Floor Space Index) under Development Control Regulations. Hence, the same has to be considered in redevelopment project.
Hope it helps.
Thank you.
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Anik

Responded 1 week ago

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A.Dear Client,
In redevelopment projects the garages and parking spaces are considered as the part of common areas. It is important to obtain the consent of certain percentage of garage owners to proceed with the redevelopment project. If the garage owners have not paid any stamp duty or registration fee, then the garage belongs to the Society. However, redevelopment of cooperative society buildings including garages are governed by the rules and regulations of the Society. If the garages are affected by redevelopment or demolition project, then the garage owners must be compensated by providing alternative options. The construction is only possible by consuming FSI (Floor Space Index) under Development Control Regulations. Hence, the same has to be considered in redevelopment project.
Hope it helps.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 week ago

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A.Dear Client,
The owner of a property is liable to pay the property tax levied by the local civic body i.e, the Municipal Authority. This tax may vary from one location to another and various other factors determine the amount of property tax payable by a property owner. A Schedule of property in a deed of conveyance/Sale specifies the volume of property including a covered car parking garage or excluding the same. In India, the municipal corporation of a particular area assesses and imposes the property tax annually or semi-annually. The tax amount is based on the area, construction, property size, building etc. It's essential to note that parking areas, whether in the form of stilts, open spaces, or otherwise, are not included in the calculation of the Floor Space Index (FSI) and, consequently, are not saleable. Therefore, members of the housing society do not possess ownership rights over these parking spaces. In an apartment complex or cooperative society, the parking space is the exclusive property of the complex or society itself; individual members do not own these spaces. When the garage owners have not paid any stamp duty or registration fees for the garage, it means, the garage belongs to the Society, and the society is entitled to collect the recommended charges for maintenance of these garages from the members of the society. The possession of garages allotted to members of the society is not affected by the redevelopment of a housing complex,
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