Hi,
I had posted an issue about stilt parking some months back and was quite surprised not to receive any response from any expert in this context.
I would like to repeat my issue once again and would request to get an expert opinion:
1. I and my parents were leaving on rent in a building and my parents had been staying there since 1950.
2. In the year 2001, the owner of the building decided to give the property for redevelopment. We were eight tenants staying in the building and hence the owner requested us to give a NOC for redevelopment. Subsequently, we had an agreement between the tenants and the builder which has been NOTARISED. In the agreement, it clearly mentions that the builder shall build stilt parking and he shall allot the same to the existing tenants and shall charge the tenants @ Rs. 700.00 per sq.ft.
3. The building was demolished and we had a agreement with the builder for our flat only. Finally when the building was completed in the year 2004, as promised by the builder, he alloted us the stilt parking and issued us an allotment letter on his letterhead and we paid the amount as agreed in the Tenant Builder agreement.
4. In the year 2005, i got the stilt parking allotment letter registered with the Deputy Registrar after paying the penalty for late registraiotn plus the stamp duty and registration amount.
5. Our society got registered in the year 2005 and in the first AGM, the committee initially did not accept allotment letter issued by the builder and informed that only the registered copy would be accepted.
6. Subsequently i was recently informed by the society committe quoting the Supreme Court decision of 2012 in which the judgement has been given that " Builder cannot sell the stilt parking" and my society committee says that though the judegment is given in 2012, it is valid from a much before date and they also say that the stamp duty and registration of the stilt parking done by me is not valid and hence they want to put my stilt parking for lottery system for other members.
My question is very simple:
1. What does the 2012 judgement of Supreme court say exactly about the stilt parking issue?
2. If the judgement is given in 2012, is it with effect from 2012 or much before 2012? And if it is much before 2012, then from what time?
3. The society committee contention that though i have paid the stamp duty and got the stilt parking registered, it is not valid. Does it mean that the government seal on the agreement have no value at all? This is also against the first AGM carried out in the presence of the representative of the Registrar of Societies, where the committee said they will accept only registered stilt parking and now they are changing their words and just showing some parts of the supreme court judgement which says stilt parking cannot be sold by the builder.
Can some expert give me a proper advice, because, i am worried, that, after paying the amount to the builder and getting the stilt parking registered after paying the penalty, is this stilt parking not mine?
Looking forward to the advice.
Regards,
Sriram
Cell: +91 9920880263
