Parking
V Srinivasan
(Querist) 01 January 2014
This query is : Resolved
Dear Sir
We have a strange problem.
The builder has sold two flats to two different entities in 2005. In 2006 these two different flats have been sold to one husband wife by separate sale deeds.
The first buyer was not allotted any stilt parking allotment by the builder.
The II buyer in 2008 gets a letter of allotment from builder for a payment of one lac rupees and has occupied a stilt parking which is not tallying with the approved ground lay out plan..
Whether the builder can allot a stilt parking to the ii nd buyer directly after executing the sale deed in 2005 to another person.
Please clarify
Kishor Mehta
(Expert) 01 January 2014
Sir,
I am citing, here under, the judgment of the Hon.Bombay High Court which will make the matter clear to you.
"In recent judgment of Mumbai high court on 25th April 2008 justice B.H. Marlapalle has ruled that builder or developer cannot sell open or stilt parking space, High Court has made it clear that after the occupation certificate is issued and society is formed and registered, the building, as well as stilt parking space, open spaces and all common amenities become the property of society, no individual member can have right on this common amenities of society, even if it is purchased from builder it is illegal."
Good Luck
Kishor Mehta
V.T.Venkataram
(Expert) 02 January 2014
Please note that an appeal was preferred in the case cited by expert Mr. Kishore Mehta, and in Nahalchand Laloochand P.Ltd. vs Panchali Co-Op.Hng.Sty.Ltd, The Hon'ble Apex Court has upheld the ruling of the the Hon'ble High Court.The Hon'ble Apex Court ruled that developers cannot sell parking spaces as independent real-estate units. The court ruled that parking areas are 'common areas and facilities'.
Rajendra K Goyal
(Expert) 02 January 2014
Well advised by the experts, agree to it. Stilt parking can not be sold out by the builder.
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-as-per-approved-plan--442936.asp#.UuuqgLSLq_I
http://www.lawyersclubindia.com/experts/Parking-442931.asp#.UuuqrrSLq_I
http://www.lawyersclubindia.com/experts/Stitl-parking-in-mumbai-438586.asp#.Uuuq-7SLq_I
