Closed garrage
Jayadevan
(Querist) 15 May 2014
This query is : Resolved
My building has 12 closed garages which are not allotted to flat owners yet as we have enough space car parking in the open area. Also some of the 'closed garages' are too small for car parking. We have CHS registered long back and it is a 11 years old building. Can I take a allotment letter from the builder and use this closed garage? Is the builder is in his authority to allot it now. All keys are still with the builder and he/his associates are using it as a storage area. Can the society take possession of these garages from builder on amicable way and allot it to members on lottery system or on a bid system. Is it legal? Can the society allow members who will be taking this garage for using it as an 'office/shop/library' etc.? Can I use this area for 'office purpose' (desk job only) after taking allotment from builder? I may have to pay 'cash' component. Kindly advise.
ajay sethi
(Expert) 15 May 2014
has conveyance been done by builder in favour of the society?
closed garages cannot be used for office purposes .
if builder refuses to hand over closed garages to the society society can drag builder to court .
Jayadevan
(Querist) 15 May 2014
No. Conveyance has not been done in favour of society till date. Is it okay if I take the allotment letter from builder at current date. Can the society refuse me to use it? If society talks to builder and settle it in amicable way (as society does not want go to court) and get the possession of the garages, can society allow bidding? Sell (garage) at an increased price? How society should allot the garages (legally) if there are more takers than the number of garages? Auction is legal? Or lottery is better? Or allot it to members as per the seniority/ (who bought first (date of agreement) get first preference and choice. Kindly advise.
ajay sethi
(Expert) 15 May 2014
best option is for society to arrive at an amicable settlement with the builder . take the closed garages and allot it to members as per the bye laws . if there are more applicants then it can be done by drawing of lots . society has option of selling the garages to highest bidder .
Jayadevan
(Querist) 15 May 2014
Thank you Mr. Sethi, for your kind advice. Once having alloted to the members by the society as per the bye laws, can society apply for commercial status from BMMC, get it converted as 'commercial' space, pay tax accordingly so that it can be used as office, godown or other commercial purpose (as most of the members wish to use it like that) ? Thanking you in advance for your guidance.
Rajendra K Goyal
(Expert) 15 May 2014
Common area / Space for car parking can not be turned as commercial area by the society.
Jayadevan
(Querist) 15 May 2014
Thank you Mr. Goyal for your kind advise. Best regards/Jayadevan
