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Stilt parking in a under construction property - mumbai

(Querist) 22 December 2014 This query is : Resolved 
I have booked a 2 BHK flat with a reputed Mumbai developer. The booking and registration was done in 2009 and the agreement stated a possession date of mid 2013. We were told the stilt parking can be purchased @ 3L but only later. However the project got stuck in various approvals (forest land , DCR changes , no CC available), thus out of 36 floors only 13 floors are done till now (2014 end). The project recently resumed work and the builder is now demanding 8L for a stilt parking, but without a proper receipt. This may go upto 12L at possession time.
As per the new DCR rules, this is illegal is we know. What are our options? The possession and society formation is nowhere near and it might take arrival of 2017. Should we purchase the parking with negotiation and can the society overrule it at a later stage? Its a loss loss proposition now for us!
Kishor Mehta (Expert) 23 December 2014
Sir,
Builder can not sell stilt or open parking space, the Society, after its formation and being given possession of the premises, can always overrule such sales of stilt parking spaces.
Every member of a society is entitled to open parking spaces, subject to availability, as per the Bye-Laws of Co-Operative Societies.
You can request the society for allotment of a stilt parking space and the allotment of stilt parking spaces will be done as decided at the AGM of the society.
It is not advisable to purchase stilt parking spaces from the builders.
Good Luck,
Kishor Mehta
Rajendra K Goyal (Expert) 23 December 2014
Stilt parking can not be sold by the builder, society can overrule it in future.
tushar (Querist) 23 December 2014
Thanks. Do you have any idea how much approximately the society would charge at the later stage? The builder anyway has sold some parking and continue to do so. We, partly a group of buyers were thinking to negotiate and buy the parking from the builder. Ultimately we will be forming the society so the allocation can be streamlined later.
Kindly advice.
ajay sethi (Expert) 26 December 2014
society will not sell car parking slots . it would allot car parking slots on payment of monthly charges
T. Kalaiselvan, Advocate Online (Expert) 27 December 2014
You wanted your query to be addressed properly whereas you are coming out with your own solution then there is no meaning of asking a query which you have already solved. Decide on what is to be done on it again by discussing with your fellow members of the flat owners association.


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