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Ashwini   13 March 2017

Transfer of parking allotment by member during resale of fla

Our society has already OC and has also been registered. Prior to that, Builder had given parking allotment and issued allotment letters to interested members. (No parking is shown as SOLD. All shown as allotted). Some slots were un-allotted. Society, after formation, allotted these free slots to members by lottery system as demand was more than supply. And society issued allotment letters to these members only. So Currently some members are possessing Builder's allotment letter and some are possessing Society's allotment letter. With this background, I request you to answer following queries. (A) Should society have replaced Builder's all allotment letters with Society's Allotment letters ? (B) Now, One member holding Builder's allotment letter is selling the flat. Can he independently transfer the parking allotment to new purchaser without consulting to Society ? C) As per my knowledge, though seller member has BUILDER's allotment letter, Society has right to takeover and give this slot to any other old member (rather than new incoming member) to satisfy the FCFS criteria from bye-laws. Please give your opinion about this.


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 1 Replies

Dr J C Vashista (Advocate)     13 March 2017

Presumbaly it is a Cooperative Group Housing Society;

1. Builder can not sell "Parking", it is a settled law.

2. The Managing Committee of the Society has to seek approval of General Body for allotment of parking slot.

 


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