Nagesh (self) 12 October 2012

Stilt parking

DEAR SIR,

OUR SOCIETY IS ALMOST 15YRS OLD. AND WE HAVE 5 WING WITH 140 FLATS IN OUR SOCIETY. THERE ARE 36 STILT PARKING + 1 STILT PARKING (SPACE WHICH WAS KEPT FOR SOCIETY OFFICE).

OUR BUILDER HAS SOLD 8 STILT PARKING WITH FLAT AGREEMENT 29 STILT PARKING WAS SOLD BY COMMITEE MEMBER AFTER HAVING AN AGM, IN 100RS STAMP PAPER ALL STILT WHERE SOLD FOR RS. 25000/-. WE EVEN COMPLAINED TO REGISTERER WHERE WE RECEIVED REPLY STATING THAT STILT PARKING CAN BE SOLD AND SECOND MOST THING IS SOME FLAT OWNER HAS SOLD THERE FLAT ALONG WITH STILT FOR HIGHER AMOUNT.

DOSE AGM OR THE COMMITEE HAS THE RIGHTS TO SELL STILT PARKING.

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2 Replies

ABHIJEET PARIKH (Bcom LLB MBA) 12 October 2012

Yes it can do so even in case of present SC judgement bcoz ur society is old if there is any clause in car parking agreement that it can be sold and transfered then there shud not be the problem.

The new judgement is applicable to the builders for its new project and doesn't any retropropective effect.

S Jadhav 98336 98330 (Jadhav & Associates) 12 October 2012

The scoiety is the owner of the common properties like the land on which the building is built, stilt parking and staircases, etc. Before MOFA was passed (assuming you are from Maharashtra), builders could sell parking and the societies also sold parking to earn income which could be used to take care of the maintenance of the building.

After passing MOFA, the builder has no right to sell the property and the society is also not permitted to sell property whose benefit is for common good of the members like the parking. However, if the AGM approves the resolution, you may have to approach the registrar. If the registrar has already given his order you can appeal to the higher authorities.

So first check whether your building flats were sold as per MOFA and if they were then you may have a chance.

S Jadhav