manish (GM- Finance) 24 March 2013
I have recently purchased an open parking in mumbai from the owner, who has purchased the same from the builder in 2006. A duly registered deed for sale has been submitted to the society for transfer of same. However, the society is not taking cognisance of the same and not transferring the said open parking in my name and is suggesting that "Transfer of parking from one member to another is illegal".
Please suggest
Advocate Rohit (Advocate) 24 March 2013
open parking spaces could not be sold off. even the builder cannot sell it. Once the registered society is formed then the society shall have the power to decide on how to allot the open parking spaces to the members ofthe society. Thus, buying and selling of open parking is not allowed in any society.
Regards,
Advocate Rohit Dalmia
9324538481
Mumbai
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 24 March 2013
No builder executes an agreement with a flat buyer for sale of open parking space, as he knows it is illegal. What the builder normally does is he gives an allotment letter and takes money against this. In fact the problem can be tackled if builders are compelled to follow the model flat purchase agreement where clause 2 of the model agreement makes it clear that the price paid by the flat purchaser includes not only the price of the flat but also areas and facilities like staircase, passage, open parking space etc. Hence when the buyer has paid for the built up area, and is again paying for the parking space, he is in fact making a double payment.
Manish Udar (www.Mehnat.IN) 24 March 2013
Ask for a refund failing which file a case of cheating.
www.mehnat.in
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