Ownership title of stilt parking in co-operative housing soc
Querist :
Anonymous
(Querist) 29 October 2021
This query is : Resolved
I am in a process to purchase in Resale a Residential Flat in a Co-operative Housing Society in Mumbai. This is a Seven Story Building with a confirguration of Stilt on Ground floor and residential flats on First to Seven floors. This flat is along with a Stilt Parking.
My Seller Booked and purchased this Flat and Stilt parking from a Developer in Year 1996, There is a Registered Agreement available of Flat (Registered at Joint-Sub Registrar- Kurla Judicial) which states that Stilt parking is allotted as an additional amenity confined to the said flat.
A Co-operative Housing Soceity was formed in year 2012, My question is as follows :
1. Can Seller Sells flat and transfer of Stilt parking (which is allotted as an additional amenity confined to the said flat) in One Registrable agreement to me ?
2. I Checked from Registrar Office, this wording is acceptable for registring the residential Flat & Stilt Parking in One agreement. Is this Challenge able other than Seller ?
3. Society says Stilt parking cannot be property/amenity owned by flat owners, Stilt parking is property of Society, no owner can sell it by mentioned parking slot no. in their concerned agreement, irrespective of Developer gave flat owner exclusive rights to park a vehicle in a dedicated slot. Is it True that I cannot own a parking space with the flat?
4. What is remedy as society is just saying its against Law, but no reference is provided by the Society nor they are willing to give anything in writing.
Your valuable feedback is highly appreciated.
kavksatyanarayana
(Expert) 29 October 2021
The plinth area of flat, stilt, parking area etc. as mentioned in the sale deed of your seller, you can purchase as is in his deed.
P. Venu
(Expert) 30 October 2021
Irrespective of the legal issues involved, there is nothing improper in the stilt parking area being mentioned in the Sale Deed. Moreover, you are entitled for the parking area which the previous owner had been occupying..
Dr J C Vashista
(Expert) 31 October 2021
You have stated to have purchased flat in the year 1996, whereas Cooperative Society was formed / registered in 2012, how does the Society and Registrar Cooperative Societies has the jurisdiction to decide the issue retrospectively ?
Parking can not sold as held by Supreme Court of India.
