Garage rights attached to flat ownership can transfer with the flat, but not independently to outsiders.

Covered car garage rights allotted as an incident of flat ownership may pass with the flat when the flat is transferred on a power of attorney basis. The court treated the parking space as ancillary to the flat, not as a separate commercial asset, and relied on statutory recognition of occupancy rights acquired through agreement to sell or power of attorney to support transfer within the society framework. Society resolutions were read as barring only independent transfer of garage space to outsiders, not as preventing transfer of the garage together with the flat. The impugned tribunal orders were therefore set aside.

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Issues: (i) Whether rights in allotted covered car garages, being incidental to the flats, could be transferred along with the flats when the flats were transferred on a power of attorney basis. (ii) Whether the society's earlier license-based allotment resolution prevented transfer of garage rights with the flat and permitted transfer only to outsiders or denied transfer altogether.

Issue (i): Whether rights in allotted covered car garages, being incidental to the flats, could be transferred along with the flats when the flats were transferred on a power of attorney basis.

Analysis: The garage spaces were not independent units sold separately but were allotted to flat occupants by draw of lots as an incident of flat ownership. The statutory recognition of occupancy rights acquired through power of attorney or agreement to sell under Section 91 of the Delhi Cooperative Societies Act, 2003 supported the position that transferees could be brought within the society framework. Since the garage enjoyment was ancillary to the flat and not a separate commercial asset, the transferee of the flat could not be denied the accompanying parking right.

Conclusion: The transfer of garage rights along with the flat was permissible.

Issue (ii): Whether the society's earlier license-based allotment resolution prevented transfer of garage rights with the flat and permitted transfer only to outsiders or denied transfer altogether.

Analysis: The general body resolutions had to be read as prohibiting a separate transfer of garage space to persons unconnected with the flat, not as forbidding transfer of the garage when the flat itself was transferred. The collective decision of the society, including the later resolution treating covered garages on ownership basis with heritable and transferable rights at par with flats, bound the members. The restriction was therefore aimed at preventing independent alienation of the garage to outsiders and not at severing it from the flat on a bona fide transfer.

Conclusion: The society could not prevent transfer of the garage with the flat, though transfer to an outsider unconnected with flat ownership remained impermissible.

Final Conclusion: The impugned tribunal orders were set aside and the writ petitions were allowed by holding that garage rights attached to the flat could pass with the flat, subject to the limitation that the space could not be transferred to a non-owner outsider.

Ratio Decidendi: Where parking space is allotted as an incident of flat ownership and society resolutions do not create a separate alienable estate in favour of outsiders, the parking right follows the flat and may be transferred with it, but not independently to a stranger.

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