Parking
V Srinivasan
(Querist) 22 December 2013
This query is : Resolved
In our society Mr Shah has purchased a flat from MR Jain. Mr Jain the original owner was given a letter of allotment for a stilt parking by the builder after receiving consideration of Rs.1.00 lac. The letter of allottment says that this letter of allottment forms part of original sale ded and hence no separate registration was done.
Mr Shah has purchased the flat and also a mention has been made in the sale deed that he had purchased the flat along with stilt parking and also mentioned in the schedue of properties.
The society now says that when the first owner himself cannot purchase or the builder can sell the stilt parking, Mr Shah is not eligible for stilt parking and society has asked him to vacate the stilt parking.
Is the action of the society in asking the iind purchaser to vacate the parking is correct
Srinivasan
ajay sethi
(Expert) 22 December 2013
mr srinivasan
you have posted 3 queries on same topic . society can consult a local lawyer
V Srinivasan
(Querist) 22 December 2013
Mr Rajeev
Please give us whether ii nd purchaser has right to have parking
M V Gupta
(Expert) 22 December 2013
In view of the comments given by me in reply to ur earlier query, the second purchaser Mr.Shah does not have legal right to the parking place in question. The Society is right in its stand. However the Society may decide to allot the space to Mr. Shah de horse the sale agreement obtained by Mr. Shah.
R.K Nanda
(Expert) 23 December 2013
nothing to add more.
vswaminathan
(Expert) 24 December 2013
Personal Reaction:
Ref. Shri M V Guptaji's response in the latter part, as common sense should suggest, is a solution from a pragmatic angle.
May add>
Incidentaly, Querist has made no mention about the rest in the CHS; that is other than of Jain and Shah, his purchaser. Presumably,however,others are happily in possession and enjoyment of the respective parking slots similarly allotted by the seller as to Jain. If so,the MC may expose itself to serious unpleasant legal consequences on grounds such as, 'discrimination', -if Jain/Shah's case is singled out for a different treatment.
One has heard of an instance where purchasers have resorted to legal action for recovery of separate price charged by seller for sale of car parking slots.Such a course of action in the case herein will, however, seem a nonstarter for one simple reason; that is,obvious escapement of stamp duty on the payment of Rs 1 lack said to have been outside of the sale deed.
These personal hints are merely to enable the MC to take an appropriately prudent decision.
V Srinivasan
(Querist) 24 December 2013
Tks. The MC is proceeding against those persons who had purchased stilts from buider for consideration separately in co op court snf this is only a case of ii sale,
vswaminathan
(Expert) 26 December 2013
Dear Shri Guptaji,
May add, more so by way of clarifying own thoughts:
Querist is noted to have taken a decision,seemingly 'firm' one, for his own reasons, known only to him. Of course, the appropriateness or prudence of it, or otherwise, more so the final outcome, will not come to be known until after a long drawn ding -dong battle of court litigation, possibly for years.
Inferably, querist has chosen not to follow but simplistically and totally ignored, presumably even without a second thought, the suggestion sincerely offered by you, free of cost or any obligation. Though, by any reasoning, the suggestion, as underlned by self,could be seen by anyone with no exception, even if he be a layperson or wayfarer, to be well-founded on no legal angle but pure and unadultrated common sense, and made from a pragmatic view of it. I am sure none will or can sensibly deny that as you suggested,the simplistic way-out, as opposed to midless ltigation,IS for the MC to call for an EGM and have settled amicably inhouse/ inter se. Nnetheless,may be, so far as this querist is concerned, it may be treated as 'closed' (but not 'resolved').
Having said all that,with regret,however, in the common interests of any number of such CHS and MCs, similarly placed, so also in the interests of this august Expert Group itself (comprising, unlike me, mostly learned lawyers, and that too in active practice), the matter need not have, nay ought not, to be treated as otherwise closed. For, i may, though being a wayfarer/novice in a sense, wish to, and so do, out of sheer passion, put across and share with the Group own general, so also certain additional points of view; which hope to do, soon, for whatever it is worth. Of course, excusively with the ultimate object of contributing something aimed at the larger public interest / common good or stakes involved.
* One such point of the utmost importance in mind is the very correctness of the view to the effect that the SC Ruling applies universally and uniformly to all cases, even if the 'factual matrix' is not 'on all fours', with that in the SC case;not excluding that of the querist herein.
May i say thanks,-then quit;to be precise,for the time being !
Rajendra K Goyal
(Expert) 31 January 2014
Repeated again and again with slight change in language and three four other query from you on the subject repeated apart from mentioned below:
http://www.lawyersclubindia.com/experts/Irregularities-in-allotment-letter-450956.asp#.UuujzrSLq_I
http://www.lawyersclubindia.com/experts/Registration-of-parking--450946.asp#.UuupNbSLq_I
http://www.lawyersclubindia.com/experts/Allotment-letters-450941.asp#.UuupWLSLq_I
http://www.lawyersclubindia.com/experts/Parking-450911.asp#.Uuup6bSLq_I
http://www.lawyersclubindia.com/experts/Parking-444866.asp#.UuuqL7SLq_I
http://www.lawyersclubindia.com/experts/Parking-as-per-approved-plan--442936.asp#.UuuqgLSLq_I
http://www.lawyersclubindia.com/experts/Parking-442931.asp#.UuuqrrSLq_I
http://www.lawyersclubindia.com/experts/Stitl-parking-in-mumbai-438586.asp#.Uuuq-7SLq_I
vswaminathan
(Expert) 15 February 2014
An add-on: To serve the purpose of anyone,if found useful,-especially from the Experts group,- should still be interested on the topic,- the input is here> http://praja.in/en/blog/m
For ready refernce,contents reproduced:
Time to wake up- it is NOW (if not awakened/ aroused thus far).
The proverbial Moment of Truth *, -anyone, with a public- centric approach but profoundly endowed with that basic faculty of common sense, - cannot wait any longer TO Solemnly swear and Affirm ,- HATH COME !
Look back, to remind selves, the utmost concerns given vent / aired vociferously, nay thunderously, in the very initial stage of this project over the inherently confusing concept, – “COMMON AREAS AND FACILITIES”.
Look Now, - into, rather through, besides others, the judgment of the highest court of the land, - if devoutly interested to know, - how the self-same concept has come to be interpreted,- causing discomfort not to the purchasers' community alone, but to the 'promoters' community as well, in equal measure.
To provide a few clues, for inciting a sense of direction:
Principally, the intended reference is to the lastly reported SC case - Nahalchand Laloochand P.Ltd. vs Panchali Co-Op ... - Indian Kanoon, in which the above concept has been gone into.
To be precise, the cryptic observation in that judgment, which reads,-
........
(FONT supplied)
This particular finding, endorsing a similar finding in the HC’s judgment under appeal, has, as is common knowledge, given rise to a fresh spate of controversy but of a different nature; though in one’s conviction,that is neither warranted or called for.
Own well considered reason is that, at the best (or worst!) , the said finding could, having special regard to the facts and circumstances of the given case , be rightly taken to be merely an ‘obiter dictum’ ; as distinct from the concept of ‘ratio decidendi’, so as to be construed to have a binding effect and applied uniformly to all other cases.
To have a bird’s eye view of the controversy enthusistically floated around, and very much still in circulation, read the media reports.
For sampling, if inquisitive, may have look into the media reports @-
Illegal! Builders Can’t Charge For Parking Spaces-Legal Eagle Reports
Builders can not sell stilt parking areas – Supreme Court ...
Implementation of SC order on parking will be difficult, say city ...
'Flat prices will go up to recover garage cost' - Times Of India
http://www.legal-path.com/supreme-court-judgment-car-parking-issues-controversial
*If inquisitive enough to intimately know what that historical phrase, "The Moment of Truth" implies / means, may have to look up- "The moment of truth" posted by Marky Mark; further, the informative reply by Victoria S Dennis
@http://www.phrases.org.uk/bulletin_board/44/messages/814.html
If perceptively considered, in the aftermath of the referred court case, the fundamentally clinching and crucial “ownership rights” of purchasers of ‘Flats’ itself has been rendered, unwittingly or otherwise, to sound, in own view wrongly so, suspect.
NOTE: Requested to read this post as follow-on of the earlier post herein @ SC Ruling on "Common Areas" ; to remain specially focused on its concluding sentence.
Also, look into the judgment of the other SC judgment; though settling a tax dispute, in re. Podar Cement Ltd.- reported in 226 ITR 625 (also @ podar cement - Indian Kanoon).
That is a tax issue oriented case. Yet, may be noted, the court has , in its wisdom, gone to the very roots of , and eminently discussed , the concept of ‘ownership’ rights of a property holder, but incidentally, so also of holder of a flat.
In the context herein, to aptly quote an eminent Judge, for sampling:
.......
(Source; SC judgment@.. in Girnar Traders vs State Of Maharashtra & Ors. Dt. 11 January, 2011 -Author: S Kumar J)
@ http://indiankanoon.org/doc/1383496/
(Left unedited)
May be contd.
vswaminathan
(Expert) 15 February 2014
An Open Invitation
TO any expert, necessarily if based in Bangalore, and wholly willing to partake and be of assistance in an ongoing attempt to try and bring out a fairly comprehensive write-up, on this and other ralated topics, but essentialy doing so with a public-centric apoproach and like minded enthusiasm.
To add: I.though in an advanced age/wrong side of life, having decided to do, have been working for nearly a couple of months on the said idea; but through almost and have all the material compiled. Still need some help, at least to supplement my remaning work, to accomplish the aim, by bringing it to a saitisfatory conclusion, ASAP.
May be contacted through the Admn. of this website, to begin with via e'mail, within say, 3 days, for which the invitation may be kept open.
vswaminathan
(Expert) 23 February 2014
contd.
While a write-up sent for disclosure on this website a couple of days ago, it seems, is stuck in the so dubbed process of 'moderation' by the 'expert' on the job, the following may serve some purpose in the interim;if interested, may look up-
http://ecopackindia.wordpress.com/2014/02/22/car-parking-in-apartments-law-vs-case-lawa-critique-by-mr-v-swaminathan-b-scb-l-fca/
http://taxguru.in/income-tax/law-case-law-critique-study-sc-judgment-car-parking.html
ajay sethi
(Expert) 23 February 2014
repeated query
