Selling of stilt car parking
ABHIJEET PARIKH
(Querist) 14 August 2012
This query is : Resolved
Hi Experts
I am about to buy a 3BHK Flat in mumbai from a builder its a new building entire transaction is understood amongst us leaving Car parking What builder doing is he is taking a cheque of Rs 10K from me the said cheque is made in the name of society for which the society will give allotment letter under its letter head Rest a substantial amount buider is asking in cash which he will pocket it
My question : In the light of recent SC Judgement can the above trasaction is legally valid also wat will be the implication if i want to sell the flat alongwith car parking wont society take any objection at that time bcoz by then builder will be out of picture
ajay sethi
(Expert) 14 August 2012
dont pay cash for car parking . society will refuse to honour transaction later . even if society gives allotment letter if subseqnetly number of applicants for slots are more than slots avilable as per bye laws society will allot it on yearly basis
ABHIJEET PARIKH
(Querist) 14 August 2012
But Sir what is the current practice of developers in light of recent SC judgement on car parking how r they trying to circumvent it ?
ABHIJEET PARIKH
(Querist) 14 August 2012
Builder is now controlling the society therefore shall deposit cheque only wen cash is paid plz suggest
ajay sethi
(Expert) 14 August 2012
dont buy flat . no shortage of 3 bedroom flats in mumbai
ABHIJEET PARIKH
(Querist) 14 August 2012
well thats not answer of my question as a matter of fact that here in mumbai there is rampant practice amongst builder who sell car parking inspite of SC order
Hope that other Experts will reply
One of the circumventing practice that i found out is that Builder are substantially increasing built up area and loading on each flat and take car parking in all inclusive with the cost of flat
Kishor Mehta
(Expert) 14 August 2012
Sir,
As per the Supreme Court Judgement the builders can not sell or allot stilt car-parking, but the Society has the right to sell and/or allot the stilt car-parking spaces. Hence this procedure, if your Society is prepared to sell and allot a particular car-parking space to you then you are the legal owner and you can sell it with your flat to your future purchaser.
However, you should get a registered deed of sale of the car-parking space from the society.
Regards,
Kishor Mehta
