Legal document of allotment of stilt area for parking
varsha utekar
(Querist) 26 September 2019
This query is : Resolved
Dear Sir,
I stay in Thane since 2005. There are 28 flats in our society. Few members of our society purchased stilt area for parking. They r saying that they are owner of that stilt area. Also few members sold their stilt parking to other members and new buyers. When asked they are not ready to show the legal documents with respect to ownership of stilt area? They are having allotment letter from builder on stamp paper which was registered by them. My question is :
1) Whether builder can issue such allotment letters to members ?
2) Registration of such letter is Valid ?
3) Can we consider this allotment letter as legal document for ownership of Stilt area for parking purpose?
4) Can we ask for copy of such documents for legal purpose?
5) Can they sell that stilt area alongwith their flat to third person?
6) Can stilt parking be sold by member to other member without informing society?
7) Can committee members issue NOC for sale of stilt area?
8) Can builder issue such allotments on first come first serve basis?
9) Is judgement issued by supreme court is applicable for the allotment / sale of stilt area before 2010?
Thanks and Regards?
Varsha Utekar
Isaac Gabriel
(Expert) 26 September 2019
For all yuur doubts,contact the society first and ascertain the legal right whether any authorisation or agreement made with the builder for silt area.
Kishor Mehta
(Expert) 27 September 2019
The answer to your queries are: (1) no, (2) no, (3) no, (4) yes, (5) no, (6) can not sell, (7) no, (8) no, (9) yes..
Builder can not sell or allot stilt or open parking spaces. Parking rules governing the Co-operative Housing socities are as under:
"78. a. The Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under
b. The allotment of Parking Space shall be made by the Committee on the basis of "First Come First Served", for available parking slots However the Member shall have no right to sell or transfer the Parking Slot allotted by the Society.
c. No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society
79. Where any parking slots have been built or open space in the Society's compound is available for parking of cars, the Society shall number and demarcate the stilts and / or the open space in such a way that no inconvenience would be caused to any of the Members of the Society. The Committee shall ensure that the space is used by the Members for the purpose for which it is allotted to them.
80. A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any
parking slots remain unallotted for want of applicants, additional parking slots may be allotted to such Members who already have a slot allotted to them in normal course. Such allotment of additional parking slots shall be made on year to year basis, provided the same are not required by other Members, who have
not been allotted even a single parking slot.
81. In case the number of eligible Members for parking slots is in excess of the available parking slots, then the Managing Committee shall allot parking slots on annual basis by fair and transparent process, in concurrence with the General Body regulations.
82. The Member, desiring to have parking slot, may make an application to the Secretary of the Society giving necessary details. The procedure laid down under the bye-law No. 64 for disposal of applications, shall be followed by the Secretary and the Committee of the Society.
83. Every Member shall pay the for parking charges for the number of slots allotted to him / her at such rate as may be decided by the General Body of the Society at its meeting, irrespective of the fact whether he actually parks his vehicle or
not.
84. Every Member, having a scooter, a motor cycle, or an autorickshaw shall obtain prior permission of the Committee for parking his vehicle in the compound of
the Society and pay the charges fixed by the General Body of the Society at its meeting."
Sudhir Kumar, Advocate
(Expert) 27 September 2019
read agreement with builder and the constitution of the society.
Dr J C Vashista
(Expert) 28 September 2019
Supreme Court has catagorically held that parking can not be sold, hence if sold, it is illegal and invalid.
R.K Nanda
(Expert) 28 September 2019
Nothing to. Add more.
varsha utekar
(Querist) 30 September 2019
Can we file petition in co op court against Parking holders?
Kishor Mehta
(Expert) 30 September 2019
You can not file complaint against the parking space allottees. Better course would be to submit a written complaint to the Managing Committee and endorse a copy of the letter to the Dy. Registrar of CHS of your zone You can then take further recourse to RTI. Follow the matter with perseverance and it will definitely help. Good luck.
