I request you to give advise on following matter.
Our society has already OC and has also been registered. Prior to that, Builder had given parking allotment and issued allotment letters to interested members. (No parking is shown as SOLD. All shown as allotted). Some slots were un-allotted. Society, after formation, allotted these free slots to members by lottery system as demand was more than supply. And society issued allotment letters to these members only. So Currently some members are possessing Builder’s allotment letter and some are possessing Society’s allotment letter. With this background, I request you to answer following queries.
(A) Should society have replaced Builder’s all allotment letters with Society’s Allotment letters ?
(B) Now, One member holding Builder’s allotment letter has sold the flat. He also transferred the allotment to new purchaser with notorised agreement. Is such transfer legally valid? Does he have “Right to transfer the allotment” ?
(C) As per my knowledge, though seller member has BUILDER’s allotment letter, Society has right to takeover and give this slot to any other old member (rather than new incoming member) to satisfy the FCFS criteria from bye-laws. Please give your opinion about this.
I C Naik
Please let me know the date and Number of Registration of your Housing Society which you should find on the communication you have received from your Society. I need this info to ascertain which Model Bye Laws have been registered by your society with the Registering Authority.
