Stilt car parking
Shiva
(Querist) 11 March 2014
This query is : Resolved
Hello..
I bought a flat in mumbai in 2012.. And I live in the same house now.. During the purchase of the flat.. The stilt parking which is with the flat was not transferred to me because I was not ready to pay for it.. And the transferor also put a clause in my sale deed saying that the flat is transferred to us without the parking..
And now my housing Soceity is not ready to give me any other parking saying that flat has already one allotted to it...
What do I do now?? Do i rightfully own the parking which is with the flat?? The transferor has also made a separate sale deed agreement for that particular still parking and has also registered it to his name. How valid is that??
My housing society has issued me a parking sticker for the same parking.. And asking me to park there... But it's not ready to help me if the transferor takes any legal action..I just want to know what will be the transferors stand if he takes any legal action after I start using that stilt parking??
Can any one help.. Please..
ajay sethi
(Expert) 11 March 2014
once flat owner has sold flat he cannot hold on to stilt car parking slot . right to parking flows from his right as member of society . once flat sold he ceases to be a member . if society is willing to allot the said parking slot settle with the seller
Rajendra K Goyal
(Expert) 11 March 2014
Agree with the expert ajay sethi ji. Stilt parking can not be sold and it is for the use of member of society. Society can allot it. Once a member sell his flat, he looses right on the stilt parking.
If old owner take any legal action any relief to him in such conditions is doubtful,if society has allotted the parking to you.
Shiva
(Querist) 11 March 2014
Thanx a lot for the reply...it clears most of my doubts.
The old owner also resides in the same Soceity and he owns two other parkings in the same Soceity.. I want to know whether can a parking slot b registered separately paying a stamp duty... As my old owner has done. If yes.. What importance does that registration hold??
ajay sethi
(Expert) 12 March 2014
how many flats he has in society? if he still has flat he can retain stilt car parking slot . how did he gain so many car parking slots? how many parking slots are available in society? how many members in the society?
Shiva
(Querist) 12 March 2014
He has one more flat.. Where he is presently staying and he has two parking slots with that flat. Builder/developer has sold/allotted a parking with each flat... And my previous owner.. Who apparently knew the developer well.. Got allotted three parkings.. One for the flat which I have bought now and two for his own flat. What I am still wondering is how can someone register a parking slot separately?? That too with paying a proper stamp duty?? Isn't supposed to be with the flat?? Isn't the previous owner using the parking as a proper investment??
T. Kalaiselvan, Advocate
(Expert) 13 March 2014
It depends. There are few housing societies/apartments associations who by their bye law itself authorise separate sales of the stilt car parking area, it can either be purchased by allotted flat owner or by any other flat owner but not by an outsider. check up with your association bye laws and other rules in this regard.
Shiva
(Querist) 13 March 2014
So what should be my future course of action in this situation?? Do I go ahead and claim the parking legally or just let it go.. Just because he has registered the parking in his name???
Any advices please..
Lawyer SALEEMA KABEER
(Expert) 07 May 2014
The stilt parking spaces cannot be put on sale by the developer as he ceases to have any title on the same as soon as the occupation certificate is issued and it becomes the property of the society on its registration. The stilt parking spaces cannot be termed as `open/covered garages' for sale of covered/open garage in addition to the flat.
It is immaterial if the purchase agreement does not include stilt car parking spaces in the common area of amenities. The stilt car parking spaces is part of the common amenities and it cannot be treated to be a separate premises/garage which could be sold by the developer to any of the members of the society or an outsider.
