Hi all,
I purchased a resale property from the first owner of a flat in Mumbai. This flat belongs to a group of 14 buildings (5 years old) which are distributed into 7 different societies. During our discussions, a price was finalized for the flat and parking slot (1 nos) and the sale was completed on the same. As is the pattern with all agreements in the building, there was no mention of the car parking in the agreement. However the owner assured that the original receipt issued by the builder (and submitted to the society later on by him) will be provided by him to me. The owner then bought himself a smaller flat in the same premise but in a different society , with no parking slot alloted to that flat. Now, after i got the possession from him, he refuses to part with the parking space alloted to my house stating that there was no agreement on it and he intends to use the slot and transfer it to his current society. He has retained the original receipt issued by the builder. Can he do this? He has already resigned from the first society, and i will be inducted into the society during their next meeting. Note that they haven't yet issued any share certificates yet. Can the seller retain just a parking slot in our society, after he already sold off the flat to me? Can he get it transferred to his society, which has another area designated for parking? Do i need to approach the society, as the society manager maintains that the parking belongs to the flat and not to the owner? Or should i take a legal route? Please advise.
Regards!