I have just recently purchased a flat in Walchand Terraces Coop Hsg Society, Pandit Madan Mohan Malivya Marg, 79/81 Tardeo Rd, Mumbai 34, Maharashtra. This is a Open Plot Society. The Sale Deed has been duly stamped and registered and the society had also given the NOC for the same. Now, when I applied for the membership to the society, the committee members have taken an objection to one sentence in the sale deed which is highlighted in yellow, below –
…….“The Vendor hereby agrees to sell and transfer to the Purchasers, and the
Purchasers hereby agree to purchase and acquire from the Vendor, all that the Vendor’s share, right, title and interest in 5 fully paid up shares of Rs 250/ bearing nos 26 to 30 (both incl) (shares) issued vide share certificate no 6 by The Walchand Co-operative Housing Society Ltd (Society) pertaining to the Ownership flat admeasuring approximately 1380 sq feet + 100 sq feet Balcony, (carpet area) bearing no 6, on the 1 st floor in Wing “C”, in the building known as “Walchand Terraces” situate at Pandit Madan Mohan Malvia Marg, 79/81, Tardeo Road, Mumbai-400034 togather with the right to use one open car parking space in the compound of the said Building and more particularly described in the Schedule hereunder written and hereinafter collectively referred to as the said “Flat”,……….”
They committee members were insisting on us amending the above registered sale deed by deleting the “highlighted” sentence and the same sentence which is also incorporated in Shedule 9 of the sale deed.
Upon further arguments and requests with them, they are now asking us to provide an affidavit on a Rs 200 stamp paper, which is attached herewith along with the society parking policy.
With respect to the above, I have the following queries:
- Can the society refuse to give us membership on the basis of the above sentence in the sale deed, when we are agreeable to abiding by the bye laws and parking policy of the society. My Solicitor has told me that it is mandatory for any society to give 1 parking space, if parking space is available. By signing the proposed affidavit, I shall be waiving my right to 1 parking space.
- Can the society refuse to give us membership on the above grounds and can we move into the flat if they don’t give us membership and what is the timeline within which we can do this.
- Can we start renovation (without any structural changes) without taking the permission of the society and what is the timeline without which we can do this.
- Can the society have a right to make us change our Sale Deed which is already stamped and registered.
I C Naik
Based on the attachment it appears Shri. Vijay Lakhotia, the outgoing Member of Walchand Terraces Flat No 6 on First Floor had with permission of the Committee entered in to agreement to transfer his shares and/ or interest in the capital/property of the Society. In this agreement signed sealed stamped and registered, the outgoing member agreed to transfer to the presumptive member his right to use one open car parking space in the compound of the said Building.
On perusal of the Parking Policy as framed in EGM 2013 a question comes to my mind, which perplexed me as to how your solicitor did not encounter namely that the bundled of rights which transferor agreed to transfer included a right to use parking. The Puzzle is whether this right was at par with flat No 6? Did the transferor purchase this right from a builder just as he purchased the flat? He got a temporary privilege to use the parking slot subject to certain conditions and if that condition was not met his privilege stands with drawn. So did he hold a right to transfer the Parking Right? If he did not have it how could he sale it. If he has charged for parking he is liable to consequences of sale of property belonging to others.
