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HITESH (ENGINEER)     06 March 2014

Car parking

Sir, I have purchased a 2bhk in Kalyan (Maharashtra) and got the same registered it about an year back. At that time the builder had told me that he will give me an allotment letter for stilt car parking (verbally), he gave the same to me. Car parking is nowhere mentioned in the agreement.Only document I have is the allotment letter for stilt car parking given to me by the builder.Now the society is formed and few members (who don’t have the car parking allotment letter) are objecting and creating disputes regarding this car parking. My question?

1)Since builder has issued a stilt car parking allotment letter to me can any body including the society oppose the same and prevent me from parking my car?

2)Is this carparking allotment letter valid legally?

Please advice.



Learning

 3 Replies

Advocate Rohit (Advocate)     06 March 2014

Technically when the society is formed they can frame their rules to for day to day affairs administration of the society. Stilt parking is equal to open parking which the builder cannot sell. 

 

You may write a letter to the builder asking to refund the amount paid by you for the stilt parking otherwise you need to initiate appropriate legal proceedings against the builder for recovery.

 

Regards

Advocate Rohit Dalmia

9324538481

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 March 2014

discuss with builder about his allotment letter for car parking and try resolve with society members.

HITESH (ENGINEER)     06 March 2014

The builder is saying that the agreement which is signed by all flat owners mention the words"The stilt,terrace on the top floor,basement and garage as well as open parking space if any shall always be the property of the builder/developer and further right to sell the same to any prospective purchaser/s and the purchaser/s herein along with other purchasers will not take any objection for the same and the purchaser/s has only the right in respect of the premises agreed to be purchased by him or her."

As per that he has alloted the parking space and that too before the formation of society.And the ones which he has not alloted the society can decide only on those spaces. Please advice.


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