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What legal document must be prepared to include garage in property


22-Aug-2023 (In Property Law)
I am in the process of buying a flat with a detached closed garage. The said flat and garage are in a housing society in Mumbai and the building is around 40 years old. The seller, who has bought the flat and garage from builder directly, has the sale deed for the flat. But he doesn't have any document for the garage. He doesn't remember anything about any document for garage either. Should there be a separate agreement for Garage as well? In his flat's sale deed it's prepared as Flat/Garage (with garage crossed out). What are our options? How can this be rectified please?
Answers (3)

Answer #1
502 votes
There should be a separate agreement for garage . Go for search in Registrar office through your advocate .to find out details of garage. You may ask society for details of Garage. In case if any record would not be found then ask your seller to register Deed of declaration in respect of that Garage.

Answer #2
604 votes
Sirji as per the law yhe garage, parking place and paint house is comman place of building and all the flat owner of ur soceity or flat system having a equal right to use it. We can't saprated it or call it a one person owned it. So there is no provision to sale purchase of that space. But if the builder is ready to give it to u as having fully right of occupancy then only there is a way of agreement through notary and it can also prepared from advocate who vl mention all the legal aspectes in it. In my soul opinion
Answer #3
721 votes
This is my response to you:
1. There is no need for garage;
2. Make a sale deed for the flat and register it;
3. Make a separate sale deed for the garage and notarize it or do franking of it;
4. You don't need to register the garage document;
5. Consult a local lawyer and draft the same.

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