Stilt parking issue
Sanjay Bramhankar
(Querist) 21 June 2017
This query is : Resolved
Dear sir,
I had purchased a flat in co operating housing society in Navi Mumbai in Dec 2009.
Before construction, builder had registered the society. Society had 6 stilt parkings and all were sold by society to members. We are parking the 4 wheeler in society open spaces/parking.
Now maximum society members have 4 wheelers and society open parking is limited.
Stilt parking allotties/ members are saying that they have purchased the parking and owner of the parking.
Now society managing committee has decided to allot open parking spaces by lottery system.
My question is can stilt parking be sold to member permanently and it can't be allowed every year by lottery system like open parking.
Thanks
Sanjay Bramhankar
Rajendra K Goyal
(Expert) 21 June 2017
Stilt parking cannot be sold by builder as per apex Court ruling.
Kumar Doab
(Expert) 22 June 2017
Of course,Apex Court has ruled that stilt parking cannot be sold.
Dr J C Vashista
(Expert) 23 June 2017
Prohibition to sell parking was ruled by Supreme Court in the year 2011 which is not applicable retrospectively.
You cannot (and would not like to) repay/refund the amount to members who have paid to builder for purchase of a specific parking slot in the society and got it endorsed in their respective ":Sale Deed" executed and registered by the Builder/Developer. Now the document of Sale Deed can not be amended to exclude the parking slot from their flat therefore, it is their legitimate right to park their vehicle in specific slot.
In these circumstances it is better to forget stilt parking and consider allocation of next available (remaining) space for rest of the members of society.
Advocate Bhartesh goyal
(Expert) 22 June 2017
