Stitl parking in mumbai
V Srinivasan
(Querist) 03 December 2013
This query is : Resolved
Ours is a registered CO Op Society and I am the Secretary of the same. I need clarification on the basis of recent Supreme Court judgement on Stilt Parking.
1. from what date this judgement is valid ie. the date of original civil suit is 2004, civil court judgement is 2006, High court appeal order is 2008 and Supreme court judgement is 2010.
2. The builder has issued a letter of allottent for stilt parking which is neither registered not the schedule of property mentions about stilt parking. Whether any document which is part of the original sale agreement without registration is valid/
3. The letter of allotment is 27.12.2006, the original flat sale deed is dated 28.12.2006 and the stamp duty paid is 29.12.2006. Is this a valid document?
4. Whether the ii purchaser of the flat is eleigible to get stilt parking from the first purchaser without a valid registration of stilt parking site?
We need clarification.
Thanking you
V Srinivasan
Secreatry, Subham CHSL
Kandivili west, Munmbai 40067\veeyeselss@gmail.com
ajay sethi
(Expert) 04 December 2013
the builder has not sold car parking slot . merely alloted the same . the reason being builder has no powers to sell parking slots . the second purchaser is not eligibale to get car parking slot from original allottee .
society can frame guidelines for allotment of car parking slots
V Srinivasan
(Querist) 04 December 2013
Dear Mr Ajay Sethi
The builder has given the allotment after receiving Rs.1.00 lac and also stating that this letter of allotment is part of the original sale agreement
If it is so as per the law of registration whatever document that is added to the original document has to be registered or not.
Further you have not answered part of my letter
Kishor Mehta
(Expert) 04 December 2013
Sir,
With due respect to experts:
[1] The builder can not sale or allot parking space in a society building.
[2] The Hon. High Court has made it explicitly clear in its judgment that
"once the occupation certificate is issued by the relevant authorities and the society is registered, “the building as well as the stilt parking spaces, open spaces and all common amenities become the property of the society”. The builder/developer ceases to have any title on the same."
I believe the judgment is self explanatory.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 31 January 2014
Repeated again and again with slight change in language and three four other query from you on the subject repeated apart from mentioned below:
http://www.lawyersclubindia.com/experts/Irregularities-in-allotment-letter-450956.asp#.UuujzrSLq_I
http://www.lawyersclubindia.com/experts/Registration-of-parking--450946.asp#.UuupNbSLq_I
http://www.lawyersclubindia.com/experts/Allotment-letters-450941.asp#.UuupWLSLq_I
http://www.lawyersclubindia.com/experts/Parking-as-per-approved-plan--450931.asp#.UuupjbSLq_I
http://www.lawyersclubindia.com/experts/Parking-450911.asp#.Uuup6bSLq_I
http://www.lawyersclubindia.com/experts/Parking-444866.asp#.UuuqL7SLq_I
http://www.lawyersclubindia.com/experts/Parking-as-per-approved-plan--442936.asp#.UuuqgLSLq_I
http://www.lawyersclubindia.com/experts/Parking-442931.asp#.UuuqrrSLq_I
