I PURCHASED A FLAT IN THE YEAR 2007. SELLER HAS BEEN ALLOTTED A STILT PARKING BY THE BUILDER BEFORE FORMATION OF SOCIETY.CAN I PURCHASE IT FROM SELLER OF THE FLAT AND IF I DO NOT PURCHASE HOW IT EFFECTS ME.
I C Naik
You purchased flat in 2007 Now you have a query on Stilt Parking which your flat seller had purchased from builder. What is the status of the Parking as of to day? Assumption is some other member bought it because it can not remain in the name of a person who sold his flat and ceased to be a member. If that member is willing to sell you well and good if not, you are without parking.
Builder can not sale Stilt parking as per defination of Flat in MOFA and provisions of DC rulesmakes it mandatory on builder to provide stilt parking spaces as public policy and it is property and common amenities of society for enjoyment of all members on principle of equality of cooperative movement. Neither builder nor flat purchaser can salt it to any person or member which is void ab-initio and amounts to illegal. citation : Supreme court Ruling in case of Nahoolchand Laloochand Pvt ltd V/s Panchali Cooperative Housing Society ltd Appeal 2455 dated 31.08.2010.