Stilt Parking / Open Parking after redevelopment

Querist : Anonymous (Querist) 17 May 2010 This query is : Resolved
Our Society has undergone redevelopment. The old society building had 4 floors (ground + 3) without stilt parking. Now the newly designed buliding after redevelopment has Stilt Parking on the ground floor and 7 residential floors above it having 21 tenants (3 on each floor). Due to ignorance out committee has permited the developer to sell the stilt parking spaces in the development agreement. Further the developer has issued stilt parking allotment letters on his letter head which is neither registered nor any stamp duty is paid on it. Kindly guide me on the under noted issues :
1. Whether the redeveloper had a right to sell the Parking slots ?
2. Whether clause in the development agreement due to ignorance to permit the redeveloper to sell the Parking areas is a valid one in legal eye.
3. Whether the allotment letter on redeveloper letter head has any legal significance.

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R.R. KRISHNAA (Expert) 17 May 2010
Bombay High Court in the case of Nahalchand Laloochand Pvt. Ltd. Vs. Panchali Co-Operative Housing Society Limited (2008 (6) LJSOFT 16):

"Stilt parking space _ Enclosed parking area below the stilt _ It is part and parcel of the Society building and cannot be a separate premises available for sale _ Stilt parking spaces cannot be put on sale by the developer as he ceases to have any title on the same as soon as the occupation certificate is issued by the Corporation and it will become a property of the society on its registration _ Disposal of stilt parking spaces by the developer even before the occupation certificate was issued by the Corporation or thereafter is per se illegal." The above judgment makes it very clear that builder/ developer has no right to sell the Stilt parking space/ Open parking space.

Querist : Anonymous (Querist) 18 May 2010
Thanks Mr. R R Krishna for your prompt advise. I would be obliged if you give specific response to my 2 and 3 point.
Regards.

Querist : Anonymous (Querist) 18 May 2010
Dear Mr. Krishnaa
Further as I have stated earlier, Our's is a case of redevelopment where soceity is already in place.

Also guide me where I can get proper legal aid in this matter. Does the Mumbai district co-op hsg. soc federation has any say in this.

R.R. KRISHNAA (Expert) 18 May 2010
Answer to Q. No.2: The developer does not get any right over your ignorance and the clause is invalid and cannot be enforced by the developer.

Answer to Q. No.3: The allotment letter is invalid.

I believe the redevelopment issue will not affect your case. But I suggest you to take detailed advice from a lawyer specialised in the relevant field and follow his advice accordingly.

Best regards...,

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