Prit 26 August 2016

Parking exchange issue

Sir,

I have purchsed a resale flat from 1st owner (who is residing in Bangalore) in a CHS in Thane through one broker (who was key custodianis of the flat for sale & is also a comitee member in Socy).

Our CHS has podium (PO), podium1 (P1)& podium2 (P2) parking levels.

The flat which I purchased has original parking at P1. (For which builder's hard copy original letter for parking allotment at P1 is availble with Socy records in flat's file & also Socy updated in Socy records.)

1) From day one of my flat purchase transaction the broker was shoiwng me that PO level parking is available with the flat, which in few days he revealed that the 1st owner is in discussion for exchanging the P1 level parking with some other member of the Socy who owns PO parking.

2) I got in the transaction of purchasing the flat OKing with the PO level parking. (with mandating a condition to the broker & owner that I want written confirmation from socy/ Builder regarding parking allotment in PO or P1 alongwith the mutual exchange agreement netween the parties or else i will not purchase the flat).

4) The broker managed to get Socy NOC for my transaction menting flat parking at PO. (For which Socy signatory of NOC later revealed that he/she was not aware about exchange of parking.)

3) Thereafter I got into transaction first gave token amount making Bayana agreement( Kuccha agreement) and later purchased the flat by making agreement for sale. At the fag end of my transaction the broker revealed a shocking news that that he himself was the parking exchanger with my seller & he handed over a photocopy of the mutual exchange agreement which was made on a Rs. 100/- stamp paper & is notarised.

4) After few months of my residing in the Socy I got information that Socy is not allowing to park cars in PO as for safety for childrens & sr citizens, also there is ample car park space availble as most of the alloted card parks are vacant bcoz owner not residing in town.

5) There are total 350 flats in my Socy & 13 members are alloted card parking at PO level & for them now Socy is going to shift them (not legally / for convinience) to newly identified car parks spaces at P1 & P2 level.

My issue / question / objection in this matter is:

1) The broker kept me is disguise intentionally by making false transaction of mutual excnahge of parking with my flat seller even while knowking that the PO level parking are going to be shifted in future. Incidentally the broker's mutual exchange agreement date & my token for purchsae of flat date is same. SO WHEATHER THE TRANSACTION OF EXCHANGE IS VALID ?

2) The Socy records are showing flat's parking at P1, even they have started numbering the areas & have my flat no as per their records. Recently in a parking issue related meeting after 10 months after my purchase it was told by Socy commitee signatories that they were not aware about the exchange of flat parking. SO WHAT SHOULD BE MY STAND WITH SOCIETY?

3) CAN I ISSUE A LEGAL NOTICE TO CONCERNED PARTIES ALONG WITH SOCY & GET THE ORIGINAL PARKING ALLOTED AT P1 ?

4) TAKING INTO CONSIDERATION OF ABOVE FACTS I WANT PARKING AT PO OR P1 ONLY. SO WHAT IS THE LEGAL OPINION IN THIS MATTER AS PER SOCY BYE LAWS ?

Thanks

Prit Raj

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3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 30 August 2016

In your Society have members got ownership rights of parking lots? Is there a stamped and registered sale deed for the parking lot as part of the sale deed for the flat or as a separate deed? Do you pay municipal tax for the parking lot? In the absence of the above, members have no ownership rights and parking lots are not mutually transferable. A builder cannot sell parking lots. He has no right to allot parking lots either. It is mandatory in Maharashtra to form a co-operative society or some other type of society once a certain percentage of flats are sold. The Society will own all common areas including parking lots. The Society will allot parking lots based on the number of applicants and number parking lots available. According to the Model Byelaws they can also charge parking fees. The Society can approve mutual exchange of parking lots. The builder does not come into the picture at all. When a flat is sold no parking lot can be sold or transferred along with it.

I am attaching a Supreme Court judgment regarding ownership of parking lots in Maharashtra.

Attached File : 84227 20160830112826 478145167 sup court judgment car parking.pdf downloaded: 208 times

Prit 04 September 2016

In your Society have members got ownership rights of parking lots?

---> Ans: Yes society members have got parking rights. Parking slots were alloted by builder & the same are updated in socy records.

Is there a stamped and registered sale deed for the parking lot as part of the sale deed for the flat or as a separate deed?

---> Single agreement only no separate agreement

Do you pay municipal tax for the parking lot?

----> dont know, but i think socy pays.

In the absence of the above, members have no ownership rights and parking lots are not mutually transferable. A builder cannot sell parking lots. He has no right to allot parking lots either. It is mandatory in Maharashtra to form a co-operative society or some other type of society once a certain percentage of flats are sold. The Society will own all common areas including parking lots. The Society will allot parking lots based on the number of applicants and number parking lots available. According to the Model Byelaws they can also charge parking fees. The Society can approve mutual exchange of parking lots. The builder does not come into the picture at all. When a flat is sold no parking lot can be sold or transferred along with it.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 05 September 2016

You can get development control rulesI DCR) from the internet. Find out whether DCR have been followed by the builder. Please also read Society byelaws and find out what they say about parking lots. Builders make money by selling what they cannot sell. The Managing Committee members also will be ignorant of laws. After all they are also purchasers of flats and parking lots. Builder only sells immovable property. He does not and he cannot allot anything.