Stilt / open car parking space

Querist : Anonymous (Querist) 16 August 2011 This query is : Resolved
If the promoter/builder sold the parking before the society formation, high court as well as the supreme court judgement is illegal or not? Can the society ask the members to surrender their parking if they are selling their flats? Is there any right to members to sell the parking purchased from the promoter/builder even before the HC/SC judgement?

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ajay sethi (Expert) 16 August 2011

the law is clear . builder has no power to sell open car parking /stilt car parking slots as they form part of common areas .
in case builder has done so society can after passing resolution in annual general meeting take over the said parking slots