Sale of.parking
Querist :
Anonymous
(Querist) 02 September 2018
This query is : Resolved
Hello.
We had purchased parking stilt area from builder in 2004-05 with proper papers and duly registered. After the rule came into being the society denied giving our parking place citing legal reasons. We have been trying hard by taking into consideration the recent bill also which suggested the sale of parking places allowed, but unfortunately nothing helped us.
Are we the legal owner of the same. What can we do to take our right
Request u to plsss help us
Querist :
Anonymous
(Querist) 02 September 2018
Advise plsss
KISHAN DUTT KALASKAR
(Expert) 02 September 2018
Dear Sir,
The by-laws of the society must be in conformity with the recitals of sale deed under which you got space for parking. If there is any legal hurdle then it is the bounden duty of builder to provide alternative space or pay compensation. You have right to cancel the contract and get your sale consideration return. Get issue a legal notice accordingly.
Querist :
Anonymous
(Querist) 03 September 2018
Thanku for the reply Sir.. But what legal action we can take against society to take our parking slot back thn, as it will take too long time if case against builder is filed now.
Dr J C Vashista
(Expert) 03 September 2018
1. Disclose your identity, no obligation for an anonymous author as per rules.
2. For any legal action to be taken and guidance consult a local lawyer.
Kishor Mehta
(Expert) 04 September 2018
Builder can not sale or allott Stilt parking or open parking spaces. The registration of purchase of stilt parking is not binding on the Society and does not give the purchasers any legal right to demand allotment. A registered Society is the absolute owner of the property and has the sole authority to allot stilt and open parking spaces in accordance with the Society Bye-laws.
Querist :
Anonymous
(Querist) 05 September 2018
True sir.. But the law was declared in 2010.. So the rule shld apply logically after tht, not the one's who purchased much before this law came into.. Correct me if I am wrong.
Manna
Guest
(Expert) 05 September 2018
@ Ms/Mr. Manna,
Can you reproduce the extract of complete rule of 2010 here, which you are referring to and the name of the set of rules of which state in which that is included?
Querist :
Anonymous
(Querist) 05 September 2018
As per my understanding Sir as a layman it was an order passed by honble SC tht in Maharashtra builders cannot sell the parking slots call it garage or ny space within the building..
Now here the question arises tht this was declared fr one particular case I.e Nihalchand case n it can or will be different fr different cases depending on thr own conditions
And if this order was passed in 2010 so it shld be applicable after tht like in case of RERA 2016, wherein it was allowed tht builders cn now sell the parking. N this order started to apply from this day only.
I hope I m able to make you all understand my point so tht I cn get some help any lead...
Thanku all fr your valuable time
Querist :
Anonymous
(Querist) 05 September 2018
As per my understanding Sir as a layman it was an order passed by honble SC tht in Maharashtra builders cannot sell the parking slots call it garage or ny space within the building..
Now here the question arises tht this was declared fr one particular case I.e Nihalchand case n it can or will be different fr different cases depending on thr own conditions
And if this order was passed in 2010 so it shld be applicable after tht like in case of RERA 2016, wherein it was allowed tht builders cn now sell the parking. N this order started to apply from this day only.
I hope I m able to make you all understand my point so tht I cn get some help any lead...
Thanku all fr your valuable time
Querist :
Anonymous
(Querist) 05 September 2018
As per my understanding Sir as a layman it was an order passed by honble SC tht in Maharashtra builders cannot sell the parking slots call it garage or ny space within the building..
Now here the question arises tht this was declared fr one particular case I.e Nihalchand case n it can or will be different fr different cases depending on thr own conditions
And if this order was passed in 2010 so it shld be applicable after tht like in case of RERA 2016, wherein it was allowed tht builders cn now sell the parking. N this order started to apply from this day only.
I hope I m able to make you all understand my point so tht I cn get some help any lead...
Thanku all fr your valuable time
Querist :
Anonymous
(Querist) 05 September 2018
As per my understanding Sir as a layman it was an order passed by honble SC tht in Maharashtra builders cannot sell the parking slots call it garage or ny space within the building..
Now here the question arises tht this was declared fr one particular case I.e Nihalchand case n it can or will be different fr different cases depending on thr own conditions
And if this order was passed in 2010 so it shld be applicable after tht like in case of RERA 2016, wherein it was allowed tht builders cn now sell the parking. N this order started to apply from this day only.
I hope I m able to make you all understand my point so tht I cn get some help any lead...
Thanku all fr your valuable time
Querist :
Anonymous
(Querist) 05 September 2018
Sorry fr double entry of msges
Querist :
Anonymous
(Querist) 06 September 2018
Can anyone help plsss
Guest
(Expert) 06 September 2018
Stilt parking is considered as a common usage place, no ownership is allowed under the provision of any law. Society management has the authority to allocate or reshuffle the parking arrangements of any of its members. The order of the SC is also based on this very analogy, may that pertain to 2010 or earlier or even later.
