Rider: Even so, under the Apartment Act as well,there could be no 'sale', in its absolute legal sense, of any portion of the undivided interest in the land, with an exclusive property right; except that,because of certain peculiar provisions of the MAOA (concept known as - 'limited common areas'),an apartment purchaser may be permitted to have a 'licence' for parking; that again, in one's conviction, can only be limited to/never exceed, his proportionate but undivided interest in the 'common areas' / open space,so long as it is of no hindrance or nuisance, or the like,to the other co-owners of apartments.This again is an aspect on which the registered Owners' Association can have the final say-RATHER, to be duly taken care and specially covered in the registered BYE LAWS OF THE ASSOCIATION.- OPEN TO USEFUL COMMENT, IF ANY.
Points to be specially noted are:
1.In the reported case,the issues raised, considered and adjudicated upon are with particular reference to the provisions of the MOFA, which are of application/ in terms govern the units of a building -popularly known as 'Flats'.
2, The other type of units, known as 'Apartments', having clearly several distinct characteristics, are governed by the special provisions of The Maharashtra Apartment Ownership Act(MAOA) and as such,the view taken by the court on the primary dispute of the sale of parking space(s) to the purchaser(s) of "Flats'cannot hold good.In fact, it is inconceivable that a dispute of this nature can at all arise in respect of 'APARTMENTS'.
sessions court order will be uploaded on this site after moderation. You will get to know the facts from the file when it is hopefully uploaded by tomorrow.
A perusal of your report on the web site does not bring out the facts of the case clearly. In what manner a criminal offence has been committed? On the basis of this report, very few persons would be able to comment. Premdayal Gupta
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