Abt 35 years ago paghadi bldg.was converted in to Scty.14 residents plus one outsider garage owner contributed to to the total purchase amt.
All the residents Plus the garage owner were issued Membership Certificates of 5 shares of Rs.50/-each
Ownership of Garage has changed hands ..Once..till now.And its now owned by a resident of the bldg.
The bldg being abt 70 years old & dilapidated is to b redeveloped by a builder.
Developer has offered compensation in the form of Free Extra fsi, premium & corpus to the Residents based on the size of their flats.
Now the garage owner is demanding a share in all the above compensation & extra fsi from the developer merely on the basis of he being the member of the Scty.
The garage owner is not parking car in the garage.
He has modified the garage & semi furnished it with electrical connection from his adjacent flat.Using as an extra room/ storage space.
All The flat owners are opposing the demand.
Kindly please advice:-
# Whether the Scty.is justified in refusing to part with perks?
# Whether the dvlpr.is justified in refusing free extra fsi?(The BMC does not allow complete covered garage on a redeveloped premises)
# Dvlpr.has offered one extra covered parking in the stilt area to the garage owner.
# Legally & as per the Bye Laws ..What is the position of each stake holder..?
*** Almost all the members are senior citizens.***
Will be grateful to every one for their valuable guidance.
Please help as in the current scenario of real estate in Mumbai this is a lifetime opportunity.
Hon.Secretary.
Hello,
In my opinion, the developer has rightly refused the covered garage owner for compensation in the form of Free Extra fsi, premium & corpus. Let him demand from the developer.
