Supreme Court Judgment Stilt parking is property of society
Querist :
Anonymous
(Querist) 13 March 2011
This query is : Resolved
Pancholi Society Achal Avichal Chanchal Society
Total flats 56 168
Stilt parking 28 70
OC issued 2003 1993
Society is registered 2003 1993
Stilt Parking sold before 3 Many
society was registered
Stilt available after the 25 Left over out of 70
society was registered
Your society is registered in the year 1993 after the Occupation Certificate (OC) was issued.
There are 72 stilt parking with one belonging to society office and another is bought by the society in resale from another member. Out of 70 stilt parking 38 members are having 38 stilts (one each) and 16 members having 32 stilt parking (2 each). Few members having no cars continue to earn by illegally renting out the stilt for several years. Some members having two stilt parking have only one vehicle and kept the 2nd stilt unused for several years.
The amenities stand for “facility” and not “right” to claim ownership. Members cannot claim their rights on the ownership of the stilt parking which they have purchased on the basis of signing better amenities agreement, the builder gives an allotment letter mentioning as stilt parking no. ( ). Relying on signing better amenities agreement with the builder on plain papers by fixing adhesive stamp of Rs 10/- without registration is null and void. The better amenities agreement is neither registered nor any stamp duty paid. The builder has not executed an agreement with a flat buyer for sale of open parking space under the provisions of the MOFA.
It is evident from the sales agreement between the builder and purchaser that each of the flat purchaser had executed a declaration/undertaking in favor of the builder at the time of taking over possession of the respective flats, inter alia to the effect, that each purchaser unconditionally and irrevocably agreed that stilt parking spaces and open parking spaces shown in the plan belonged exclusively to the builder and would have no claim of whatsoever nature to the same and that they will not object to the sale of the same by the builder to any person.
R.Ramachandran
(Expert) 14 March 2011
So, what do you want to say or ask?
Querist :
Anonymous
(Querist) 14 March 2011
Thanks. Now the society took opinion from another Adovocate and he said this Supreme Court Judgment will not affect the owners of the stilt parking the society cannot demand the said stilt parking from members relying upon the agreement signed by the stilt parking owners on ammenities agreement on a plain paper with adhesive stamp of Rs 10/- and not registered and no stamp duty paid. The agreement is not inconfirmity eith the provision of MOFA. Please therefore advise where the society stand. as another Advocate gave the opinion that any one disobediance with the Supreme Court Judgment will be contempt of Court and society should take over the stilt parking. Please advise as your opinon is very important. Suhail
