Society parking and MOFA
niyatisovani
(Querist) 27 January 2015
This query is : Resolved
Hi ma'am/sir,
We currently have a parking lot in the building we stay in. This current slilt parking is part of our house agreement. The society has not been formed yet but should be handed over by the builder in this week.
We want to buy another car soon and the builder is ready to sell us a slilt parking space for a competitive price before the formation of the society. I know by law he is not allowed to sell parking spaces but all members who currently have one parking including us have bought it from the builder 'free of cost' on paper.
I also know that once the society is formed, all slilt parking and open spaces will be the society's property and hence vacant spaces will probably be allotted to members in turns or on rent. So later if we want to park our second car we will have to pay rent and may also have to park on the road if no space is available.
Now what we are not sure about is should we go ahead and buy this second parking lot from the builder before society formation? He is ready to give us the following documentation:
1. There will be no registration. But a agreement on stamp paper between us and the current owner of the parking lot saying that he has given it to us free of cost
2. Builder will add our name board above the parking with immediate effect
3. Builder will allot 2 parking spots against our flat when he hands over all documents to the first society committee formed.
Please advice as we do not want to risk our hard earned money but also do not wish to park our second car on the road later.
Also is there absolutely no provision in law for anyone who wants to park 2 cars?? Our flat is 1250 super built. Surface area 832 sq.feet
Thanks.
niyatisovani
(Querist) 29 January 2015
Can someone please help?
T. Kalaiselvan, Advocate
(Expert) 29 January 2015
It is illegal on the part of the builder to sell the parking space to you on some consideration. Also, since he is knowing the legal aspect involved in this, he is not executing a registered sale deed to this effect. As far as the builder is concerned, he is not going to remain in the society once he has handed over the properties o the society. Therefore after society takes however, the bye-laws in this regard will speak and not the invalid stamp paper agreement will. The said stamp paper will not be tenable under law and you will stand losing your case in the court if you approach the court claiming your parking space on this basis. Better take advise from a local lawyer and proceed.
niyatisovani
(Querist) 30 January 2015
Thank you sir. This makes things clearer for us.
However to reiterate my second question - is there absolutely no provision in law for anyone who wants to park 2 cars?? Our flat is 1250 super built. Surface area 832 sq.feet
T. Kalaiselvan, Advocate
(Expert) 31 January 2015
It depends on the space available in the society and there is a bye law granting containing the provision facilitating the same.
