LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vishu (Manager)     03 January 2012

Car parking issue with society

Hello,

I purchased a flat recently with closed parking lot in Mumbai  but the society has refused to transfer the parking lot in my name saying the parking lot belongs to the society.

Current Situation is listed below :

1)      Building is constructed in 2002

2)      I am third owner of the flat purchased in 2011

3)      In 2002, the first agreement between the builder and first purchaser mentions that parking is allocated to him and builder also has given the parking allotment letter in name of first purchaser.

4)       In 2007, the second agreement between the first seller  and second purchaser also mentions that the first seller has transferred the parking space to the second purchaser. During that time the society also gave a society NOC saying that society has no objection in transfer of flat and parking lot from first seller to second purchaser.

5)      In 2011, the third agreement is between the second seller and myself (third purchaser) and at this time society refused to mention about parking lot in the NOC and we still went ahead with the purchase of flat as we were told that it is not necessary for society to mention about parking lot in NOC and it can be challenged to society at latter date.

Considering the above situation an you pls help me with your guidance on :

1)      From law point of view, does parking lot belongs to me since the builder had allocated the parking lot to first owner and which was transferred through chain of agreements in my name.

2)      Can you pls help me with section in law or society act under which I can challenge the society .

3)      What options I have to challenge the society

4)      Can I approach register of society act and what implications it can have

5)      Can you suggest whom to approach with my problem to find a solution

Thanking you.



Learning

 1 Replies

rohit kaney (advocate)     04 January 2012

1. yes the parking lot belongs to you if you valid allotment transfer letter (or it may be incorporated in your agreement)  from your previous owner member of the society.

2. ( bye law 78 under mca act 1960).

3 & 4. you have approach the registrar of co-operative societies of your ward.

5. you must approach a lawyer who exclusively deals and practices in society matters.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register