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Garage

(Querist) 11 November 2013 This query is : Resolved 
Our Society is located at Chembur, Mumbai constructed in 1962. There is a Garage.The Society is going in for redevelopment. The owner of the Garage is trying to claim the equivalent area of the Garage in to his new flat area and also pressuring that he wants corpus and rent too for the garage area. The Managing Committee has stated that the garage area cannot be merged with the residential area as the garage was constructed free of FSI. What is the legal solution for this and under which act under Maharashtra ownership flat act?
Raj Kumar Makkad (Expert) 11 November 2013
The owner of the garage cannot get the desired area rather shall get proportionate area as per FSI may it be free from FSI at initial stage but on redevelopment, the same formula shall be applicable in his case.
Sunil (Querist) 11 November 2013
Our Society is located at Chembur, Mumbai constructed in 1962. There is a Garage.The Society is going in for redevelopment. The owner of the Garage is trying to claim the equivalent area of the Garage in to his new flat area and also pressuring that he wants corpus and rent too for the garage area. The Managing Committee has stated that the garage area cannot be merged with the residential area as the garage was constructed free of FSI. What is the legal solution for this and under which act under Maharashtra ownership flat act?
ajay sethi (Expert) 12 November 2013
refuse to bow down to owner . assure him that h e would be provided a separate stilt car parking slot in lieu of garage . no corpus / rent would be provided .
ajay sethi (Expert) 12 November 2013
ultimately it is builder who has to foot the bill . what is builder response to member claim ?
ABDUL RAZIQUE (Expert) 12 November 2013
Agree with experts.


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