• Parking

I want to know few things from you to know legality on parking.

Builder allotted Stilt parking- This is done on his letter head- HOW valid is this allotment? 

What if someone challenge this allotment? will it be open and shut case and stilt allotment will be gone to society and then society offer to all on rotational basis?

Can a builder do a rectifying deed? and make stilt parking under agreement? as society is formed and its under handover process NOW?

Can society cancel this builder allotment? 

Parking is the major issue and there are various laws come in picture, which law is now applicable? since society is registered now.?

Mofa? rera or supreme court? all has different judgements on stilt parking.
maha RERA says, stilt can be allotted by builder. is it clear in stand ? means no legal challenge on this rule? 
Hope to see your comments?

Thanks
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

Firslty, as you have stated in your query itself that the stilt parking has been allowed by the builder.

Secondly, at the time of buying the same you must have gone through the agreement as to what it says.

Thirdly, and I believe that no clause like to give power to the society to change the terms of the agreement.

Fourhtly, once it has been sold for an agreement then that agreement will remain in force no matter what the society deems fit.

Fifthly, if society does so then I would advod you to take stringent action it by going to the Court of Law for illegal act resulting in he violation of the terms of the agreement.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

[1]The Builder can neither sell nor allot open or stilt parking spaces.

[2]No Parking claim undertakings" are patently illegal and not binding on the purchasers.

[3] The Society can cancel all allotments of the builder.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Sir allotment done by builder can be changed by the society after its formation and it can be allotted as per society norms.

Stilt parking cannot be sold by the builder it is part of common area.

Yes society can cancel it,

RERA for parking and building.

Supreme Court decision and Bombay high court decision are also there on issue which clearly says parking cannot be sold.

Under Maharea there are orders of authority denying sell of such spaces.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It can be allotted but not sold it is legally valid. There shall be no use of deed rectification sale wont be valid as common area. You can continue on the allotment society wont change it till you are holding more then one parking.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) allotment by builder is valid

2) society can set aside allotment of car parking slots donrby builder

3) if number of flats are more than slots available allotment can be done by drawing of lots

4) you should check bye laws adopted by society

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

Builder cannot execute deed of rectification and allot car parking slot to flat purchaser

He can execute separate agreement with flat purchaser for allotment of car parking slot

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

1. ALLOTMENT is NOT equal to Buying-Selling and neither the Allottee derives any right on ANY Non-FSI consumed Parking spaces (closed garages).

2. "ALL" Open /Stilt /Podium Parking, are classified as "common open spaces" under the MRTP Act & DC Rules, and CANNOT be sold or purchased, via ANY type of agreement, which shall remain a criminally prosecutable matter.

3. Builder CAN allot Parking spaces to its Flat-Purchasers, BUT without any Sale-Purchase Agreement or consideration, BUT without any legal liability to him.

4. The Builder's allotted Parking space becomes infructuous AFTER formation of Society /Association and all the members become liable for Parking Allotment, as per the approved bye-laws of the Society /Association (that is on availability & on rotational basis), since the members shall remain bound on the said bye-laws. PERIOD.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Sir stilt cannot be sold it can be a

Only alloted as part of common area.

Builder can allot society can change the allotment if required. Builder cannot sale parking .

Society can consider builder allotment if just and rational.

Adding stilt to agreement won't be fruitful as builder cannot sale common area to you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Deed of rectification can be executed to rectify errors in sale deed

2) supplementary agreement can be executed fir allotment of parking slot

3) model bye laws have to be adopted by society

4) stilt car parking slots can be allotted by builder

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. The builder cannot allot parking spots, open or stilt;

2. The allotment of parking can only be done by the society that too in 'draw of lots' procedure;

3. Also the parking spot will change in rotation from each owner;

4. Therefore ask the builder to withdraw the allotment;

5. The builder will sell you the parking in black (i.e. in cash), because it is not allowed to be sold;

6. Send the builder a notice and demand your money back;

7. You can refer this news: Builder can't sell stilt parking: Commission: by Vishwas Kothari | Times of India | May 30, 2015, 01:00 IST;

8. Not under MOFA or RERA it is written that parking can be sold;

9. Please check this link as well: http://www.dnaindia.com/mumbai/report-parking-slot-bldr-gets-rera-stick-2574214;

10. Following a complaint to the Maharashtra Real Estate Regulatory Authority ( MahaRERA), a builder finally agreed to refund the amount collected from selling an open car parking slot. Regarding a project named Royal Residency C in Lalbaug, home buyers Devendra and Pushpa Agarwal had complained to RERA alleging that the developer Nandraj Developers Pvt Ltd had charged them Rs 25,000 towards allotment of an open parking slot;

11. Engage services of a lawyer to understand the concept well.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

WITH 10 REPLIES, ALREADY YOU HAVE, IT IS ADDED THAT THE LAW IS AMBIGUOUS IN THE REGARD OF ALLOTMENT OF OPEN PARKING SPACE.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1.if OC is received for society building, then MOFA will apply to it

2. Under MOFA, the builder is not permitted to sell any parking, stilt or open, to flat buyers

3. parkings form part of common areas which belong to the society

4. if OC is not yet received for building, then RERA will apply

5. Under RERA, the builder can sell parking space to flat buyers

6. Supreme Court has only stated that builder cannot sell car parkings to flat buyers because they form part of common areas of society - that was for a society building governed by MOFA and not RERA - At that time RERA was not even enacted

7. if building comes under MOFA and builder had allotted car parks to buyers then such allotment is at the sole discretion of society - it can either ratify and confirm the allotment made by builder or it can even refuse such allotment and do a fresh allotment

8. mere paying money to builder either under flat sale agreement or under a separate letter, does not confer any title on the buyer in respect of the car park - that is the buyer cannot say that since he paid money to buy the parking, he has exclusive right over it - such deals are done buyers solely at their sole risks - unless the allotment was done by a building to which RERA applies, the buyer cannot claim exclusive ownership over the car park

9. if the society confirms the allotment made by builder by passing a resolution in the general body meeting of society which is confirmed by all society members, then the buyer would get exclusive right over the parking area

10 "2.here also you guys have gave different opinions." - thats not an appropriate way to address lawyers. Kindly avoid using casual language

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Allotment through letter head (purpose - evasion of stamp duty) is invalid, no actual title transferred.

Have to execute rectification and inclusion of parking.

No one can cancel registered document except by order of court.

It is certain, if you are purchasing the flat in apartment from builder as he is actual owner than obvious, he can only sell the parking.

Society is an autonomous association of persons united voluntarily to meet their common economic, social, and cultural needs and aspirations through a jointly-owned and democratically-controlled enterprise but ownership on any portion of the building can be acquired from the seller/owner only.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures.

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”

A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.

The apartment complex “Solely” owns the common spaces (Stilt or Open)

The members DO NOT own these spaces

Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members

Registered members include family members and associate members

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

MahaRERA has reiterated that “as per the Act, Rules and Regulations, the respondent (the developer) cannot sell open parking space, which has to be handed over to the legal entity (co-operative housing society) of the allottees when it is formed.”

This means is that under RERA, a developer can sell a garage but not a parking since it is part of the apartment and a common area.

Some newly formatted agreements to a sale being readied by developers after RERA also clearly state that the allottee shall have an undivided proportionate share in the common areas and that the parking shall be treated as a single indivisible unit for all purposes.

Earlier, developers would sell an apartment based on the super area due to which common areas and parking areas were never specified separately in the sale deed. “The statute now demands that the builder sells the unit basis the carpet areas and therefore the need to specify the common areas, that include the parking areas, separately.

State authorities generally approve the number of apartments in a project on the basis of the number of parking spaces offered by the developer as it is now mandatory to offer parking space under the law. Bylaws define the ratio of parking versus the apartment size. Usually, one parking is compulsory for a 3BHK apartment and 2 parking for a 4BHK unit. A parking space under bylaws is defined as equivalent car space or ECS.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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