Hi,
I have purchased a resale flat on 3rd Oct 2012 from its 1st owner in Pune (Maharashtra).
The builder execucted deed of apartments for all the 38 flats in the building in Mar 2011.
Builder countinued to do maintainance of building for 1 year after that he sent notice that all the maintainance of building should be done by its members.
Builder didnt created or initiated society formation process and the society formation process was initiated by its members.
Presently society formation is still in process and its not registered yet.
The members of society has created a Association of all members and has a working committe as well.
In the aggrement as well as apartment deed of my first owner, Car parking has mentioned. I have carried that in my aggrement to sale and deed of apartment.
Since its was an investment flat, Builder has not given parking allotment letter to 1st owner,but the flat number was mentioned in one car parking(covered).
After shifting to new apartment, I have asked builder allotment letter and he has provided me the same in the name of 1st owner on old stamp paper and date.
Now the proposed committe is saying that the parking allotment is not leagal as its alloted to you now.
They are also saying that once the apartment deed is done, builder cannot allocate parking. They say its now associations property.
My questions are:
1. Is my parking illegal?
2.Is it true that builder cannot allot parking after deed of apartment even though society is not registered yet.
3.Even though builder has asked assoiation members to do maintainace of society,Can he still allocate the remaining parkings?
Thanks
Akshay
