Legal Question in Real Estate Law in India

In my society a member has sold his garage to outside party (Non-society member) for commercial purpose. How can the society put a stay/object on the use of the garage for commercial purpose? this member now asks to transfer only the garage shares to the new owners for which there are no separate shares of the garage, they fall together under his flat and he still resides in his flat.

Pls advise how the society should respond to his appeal?


Asked on 1/21/10, 1:58 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

If Garage is a sanctioned covered premises i.e. 4 walls & roof, then it can be regarded as a separate unit.

In this case, society can consider admitting the purchaser as a new member and allot him fresh shares.

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Answered on 1/23/10, 9:41 pm


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