Co-op hsg society
Kvijay12345
(Querist) 29 March 2015
This query is : Resolved
Can the builder sell the parking space to the flat owner? I have heard that in 2010 the supreme court has banned the builders from selling the parking space to the flat owner as this parking space belongs to the society and every member of the society.If any such judgement is given by the supreme court of india, can anybody furnish me the details of this judgement? I want the citation of this matter. If the parking space is already sold by the builder before this judgement i.e. before 2010, is it valid? What remedy the society has to declare this deal invalid?
Dr J C Vashista
(Expert) 31 March 2015
You will have to find it out yourself as no citations are provided on this platform.
Hemant Agarwal
(Expert) 31 March 2015
1. Sale and /or Purchase of Open /Stilt Parking Spaces, is illegal, even if sold /purchased "before or after" the Judgement of the Court.
2. The Bombay HC has declared that "Sale and /or Purchase of Open /Stilt Parking Spaces, is illegal".
(appeal no. 2182 OF 2007 Nahalchand Laloochand vs Panchali Society)
3. The above was upheld /confirmed by the SC.
(appeal no. 2544 OF 2010 Nahalchand Laloochand vs Panchali Society)
4. Google search the above and you will get the full judgements.
Keep Smiling .... Hemant Agarwal
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T. Kalaiselvan, Advocate
(Expert) 03 April 2015
Your query has been properly addressed by expert Mr.Hemant Agarwal, you strain to locate the said judgements.
