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Irregularities in allotment letter

(Querist) 31 January 2014 This query is : Resolved 
In our society there are 29 stilt parking which was allotted by the builder by way of letter of allotment after receiving consideration which contains a statement that the parking slot is allotted as per lay out plan and it forms part of the original sale agreement entered into between the builder and the flat purchaser.

The MC in the society observed following discrepancies in the letter of allotment.

1. One of the allotment is not signed by the builder.

2. In three letters of allotment, it simply states that they have allotted one parking space without giving any number or drawing of plan?

3. In two letters of allotment the number mentioned in the letter of allotment as per lay out plan is different from the one occupied by the resident?

4. The letter of allotment is dated 26.12.2006, the sale agreement is on 28.12.2006 and a stamp duty of Rs.100.00 paid on 29.12.2006. Is It a valid letter of allotment?

5. In one agreement, the purchaser is a second buyer and the letter of allotment is in the name of the first buyer. But the same has been registered by paying stamp duty for the value of Rs.9.00 lacs even though the letter of allotment is for Rs.1.00 lac. The number of given for stilt parking in the sale agreement is the different from the one the purchaser claims. Whether it is a valid claim/


We request you to clarify on the background of the fact that the supreme court held that in Maharashtra that the builder cannot sell stilt or open parking by its confirmation of judgement in August 2010 as most of the members are of the opinion that the judgement pertains only to Nahoolchand case and will not attract to other societies in Mumbai.

Srinivasan
Devajyoti Barman (Expert) 31 January 2014
You have raised six queries on the same topic.
I refuse to reply as I do not reply repeated query.
V Srinivasan (Querist) 31 January 2014
Mr Barman

It is a fact that it is the same topic but there are numerous points in each. I am fully aware that I need to answer my general body, who are of the opinion, the majority in GB is final and not laws. Hence the request. Further once I uploaded the same But the system stopped and hence I have reloaded.

Sorry for inconvenience. But I need the help by clarifications.

Srinivasan
Rajendra K Goyal (Expert) 31 January 2014
Repeated query with slight change in language and three four other query from you on the subject repeated apart from mentioned below:


http://www.lawyersclubindia.com/experts/Registration-of-parking--450946.asp#.UuupNbSLq_I

http://www.lawyersclubindia.com/experts/Allotment-letters-450941.asp#.UuupWLSLq_I

http://www.lawyersclubindia.com/experts/Parking-as-per-approved-plan--450931.asp#.UuupjbSLq_I

http://www.lawyersclubindia.com/experts/Parking-450911.asp#.Uuup6bSLq_I

http://www.lawyersclubindia.com/experts/Parking-444866.asp#.UuuqL7SLq_I

http://www.lawyersclubindia.com/experts/Parking-as-per-approved-plan--442936.asp#.UuuqgLSLq_I

http://www.lawyersclubindia.com/experts/Parking-442931.asp#.UuuqrrSLq_I

http://www.lawyersclubindia.com/experts/Stitl-parking-in-mumbai-438586.asp#.Uuuq-7SLq_I
Sudhir Kumar, Advocate (Expert) 31 January 2014
repeatedly repeated
T. Kalaiselvan, Advocate (Expert) 03 February 2014
I go with the experts on the subject issue.


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