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 really Challengeable by other than Seller or just incomplete law reference is quoted by society ?
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.
