Parking
V Srinivasan
(Querist) 31 January 2014
This query is : Resolved
Dear Sir,
We have 85 members in our society. there are 28 stilt parking. These parking were allotted by the builder in 2006 .2007 and 2008 to some of the residents who had paid him some money. These allottment letters are not registered even though the contents of the letter says that it forms part of original sale agreement.
The question that in the bye law of the society nothing is mentioned about allotting parking to lessee and MC agrees to it. But stilt park owners say that the lessee is not eligible for parking and pass a resolution in contravention to bye law. Whether the resolution passed by a brute majority is valid in law.
The second question is that as per the Supreme court judgement of 2010 on stilt parking, the builder did not have the right to sell the stilt/open parking. When such is the case, whether the ii nd purchaser of a flat from the resident who hold a allottment letter issued by the builder who do not have a right to sell is eligible for the same.
Srinivasan
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-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
http://www.lawyersclubindia.com/experts/Stitl-parking-in-mumbai-438586.asp#.Uuuq-7SLq_I