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Vishu (Manager)     05 October 2011

Car parking space in mumbai building

Dear Sir's,

I recently purchased a flat - 104 in Mumbai and the first owner had the allocated parking space by the builder and the same was registered in all legal documents. But now during my purchase the society is not ready to accept that the allocated parking space belongs to the flat-104 and it is saying that now it belongs to society. They are refering this to the last year Supreme Court order (https://www.dnaindia.com/india/report_developers-cannot-sell-stilt-open-parking-areas-in-mumbai_1432339

Pls can you guide me for :

1) With all legal documents in place, is the parking space still belongs to me or now is the property of the society.

2) The parking space was allocated in 2001 by builder but the supreme court ruling came in 2010. Is the supreme court ruling also applicable for old alloatments or only for new allotments.

3) What is the provision / legal options I have to claim back the parking space.

4) Can society have the right to auction or allocate or sell or give on rent to any of the other society member without  my permission or surrender of this parking space.

5) Finally what should I do to sort this out.

Thanks and Regards

Vishu



Learning

 2 Replies

Shailesh Kr. Shah (Advocate)     05 October 2011

Society have no right to deny for parking space, make complain before registrar to the society.


chandramouli (practice)     05 October 2011

The parking space belongs to the society. But you cannot be denied the right to use the same having obtained the same through legal documents from the builder for a legal consideration.


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