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Atul (Chief officer)     05 May 2014

Builder issues stilt car parking to two members

Sir,

My building has ground + two floor stilt car parking. It is a Big complex with 6 towers.

On the 2nd floor stilt parking area, some part of the parking layout was not approved by the Gov authorities and the plan has been amended.

Now builder gave one parking to one of the members in the area mentioned above naming it   2-104(L). This number was written in the registered Deed that the builder had with the member and the old car park plan was attached with the registered Deed.

Now when I bought my flat , my registered deed only mentioned that I shall get 1 car park, but no number was mentioned. Later on I got a Car park Allotment letter from the builder, with Car park number P2-104(L) as per the New plan.

The new plan that was approved by the gov authorities mentions the number P2-104(L). 

Now the builder says that I will be shifted to another car park area, which is 6 towers away and approx 500m away, or take another car park nearby, which is small for my Big car.

They do not want to shift the other guy, as his car park number is in the registered Deed.

My suggestion to the builder is that I have been given car park with New plans. Also the numbering has changed for the car park for the other guy. The position of both the car park numbers is the same, however the orientation of the cars going in/out in the new plan has been changed by 90 deg. 

Could you give me clarity to this situation ?

 

 



Learning

 3 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     05 May 2014

The Hon'ble Supreme Court of India categorically held as follows:-

The promoter has no right to sell any portion of such building which is not ‘flat’ within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.”

  Thus, it is clear that the builder can sell only the flat not the common area which includes the space usable for car parking.

T. Kalaiselvan, Advocate (Advocate)     08 May 2014

The sale deed papers are to be seen for proper opinion.  You may contact a local lawyer and by producing all the papers before him, seek his opinion about next course of action on the subject.

Mangesh C Sannake (A C E )     29 September 2014

I am residing in mumbai - some members of our society claims slits parking areas - they say they had bought if from builder...one of the member bought 2 slits parking and build a gaurage type (from open parking to gaurage type with shutters etc) - the articles say builder cannot sale  "Common Area" or any other open space apart from "FLAT" - how to resolve this issue...as many other members have to park their cars out side society premises....as some of them claims most of Slit Parking. Does Core Committee Members have right to over rule this - btw the conyance deed is still pending...


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