Selling and purchase of stilt area for parking from builder
varsha utekar
(Querist) 23 July 2019
This query is : Resolved
Dear Sir,
I m residing in thane city. Purchased flat in 2005. Formed co op soc in non co operation as builder was not co operating. after formation of society discussed many in meeting and requested members not to purchase stilt from builder. out of 28, six members approached builder and purchased parking from him. now they are claiming that area as their property and few members sold to another member. out of 28 members 18 are against this. we have given letter to society regarding this giving reference of supreme court judgement of 2010. Now they are saying that this rule is applicable for the purchase of parking area after 2010. as per them they approached builder and builder allotted parking area on first come first serve basis. they are not accepting any letters from society members in this regards. we have asked for copy of agreement of parking but they refused to show. there is no legal document in society s record for the ownership of parking. can you guide us in this matter.
Hemant Agarwal
(Expert) 23 July 2019
1. Open /Stilt /Podium Parking spaces are all classified as "common open spaces" & FREE OF FSI, under the Regional Town Planning Act and CANNOT be Sold or Purchased or Registered. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).
2. Let Society follow "rotational parking policy" as detailed in the Model Bye-Laws and in times of dispute by members, Society can give appropriate application in the local Coop. Court, for relief and directions.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Dr J C Vashista
(Expert) 25 July 2019
I agree with the expert advise of Mr. Heman Agarwal.
Parking can not be sold/ purchased, if someone has made the transaction, it is at their own sweat will, risk and consequence.
It would be advisable to consult a local prudent lawyer for proper appreciation of facts, guidance and proceeding.
