Parking
H.S.ACHARYA
(Querist) 15 June 2013
This query is : Resolved
We are living in a society which has 150 members and the complex has 6 buildings and 5 societies and we are living in building no. 1 which has a separate society and the builder has allotted parking for around 30 members one parking in the basement of another building of the same complex which he claims as per plan approved by BMC. Those parking is maintained by another building which has a separate society and they are not accepting maintenance cheques from us and given a notice saying we are occupying illegally. Can that society claim that basement parking belongs to them when they have not paid and we have paid for parking. These parking place not under our society as same is not within our bulding. Earlier builder was paying for the maintenance and after the society was formed informed our society to make the payment and our society is collecting the charges from us but unable to transfer the money to building no. 2 society as they are returning the cheques.
V R SHROFF
(Expert) 15 June 2013
ur conveyance can decide this issue. Land belongs to wh soc???
Raj Kumar Makkad
(Expert) 15 June 2013
Parking slots cannot be sold out either by builder or society and thus the reaction of the another society who is deprived off from its parking place is proper and legal.
H.S.ACHARYA
(Querist) 15 June 2013
Dear Shri V K Shroff,
It is just 3 years old building and conveyance not yet issued and most likely it will be issued to the Federation as there are 5 societies in one complex with many common facilities.
H.M.Patnaik
(Expert) 16 June 2013
Mr. Acharya,
In the limited facts disclosed in your query,
I am of the opinion that the the approved plan supplied by the Builder at the time of transfer of ownership of the respective property needs to be referred to for properly resolving the issue . In case an authenticated copy is not readily available you can apply for the same at O/o . The local Development authority with applicable fees .
H.S.ACHARYA
(Querist) 17 June 2013
Builder has signed an agreement with the society of building no.2 that land ownership right will with them them and parking rights with the members of society of bldg. no.1 and while purchasing the flat in bldg no. 2 majority has signed the agreement with the builder that they have no objection in giving away the parking area under basement. But now building no. 2 society claims that it belongs to them though they have not paid for it. Thanks.
Sudhir Kumar, Advocate
(Expert) 15 June 2013
