Parking document misplaced
Last year in my society elections a new committee was formed, few days back they found that the property documents for all flats were not in records with them and asked respective property owners to submit the same including me. I bought this flat on resale in 2008 and along with it I also got a "Stilt Parking" as it was sold by the Builder to the previous owner of my house but I found that I have lost parking sale agreement between the previous owner and the builder though I still have the parking sale agreement between me and the previous owner. I submitted all other documents but one that is the sale deed between builder and previous owner for Stilt Parking which is not available with me, now the housing society is saying either I submit the same or I cant stake claim on the Stilt Parking.
Can they really do this??
How can I get the duplicate copy of the lost document??
Kindly suggest me a way out...
Asked 3 years ago in Property Law from Mira Bhayandar, Thane, Maharashtra
1. Society has no right to dispute the title over parking space , more so, when your agreement is with you.
2. Do not pay much attention to them as they can not refuse your titile over the stilt parking space.
3. If they pose problem to enjoy the same you have legal recourse to get your right over the parking space.
4/ You can ask your seller whether he has got any photocopy of the same with him. If the said agreement was registered one then you can apply for its certified copy.
1. Sale of parking slot is illegal as it is a part of common area.
2. Your ownership originates from the sale deed executed in your favour by the previous owner. So you do not require the sale deed of the previous owner.
3. It will be illegal of the society to deny you stilt parking despite you having the sale deed in your possession.
4. Issue a lawyer's notice to the society if it refuses to give you the stilt parking.
1) you can obtain copy of agreement from seller or from builder . all builders generally keep record of all flats sold copies of agreements entered into for sale of flat/parking slots
2) if agreement is regd copy would be available in sub registrar office .
1. You can contact your earlier seller to find out if he has kept any copy of the said document,
2. If the said document has been registered, then you can collect certified copy of the same from the Registrar's office.