I have just bought a flat in resale in Bandra East. There is an existing society and it is a self developed building. Based on the self development agreement each flat owner has been allotted two car parking with the flat through allotment letter issued by society. One of the owner is agreeable to sell /transfer his allotment right to me for a consideration. How should I proceed. He is willing to sign a sale agreement and also a indemnity relinquishing his allotment rights. Can a society object to mutually agreeable transfer between to members. All members have been given their two respective parking with their flats and there is no pending allotment or disputes. Can
1) on sale of flatby registered sale deed society can allot you the 2 parking slots
2) parking slots were allotted to member not sold to him . He cnanot sell the parking slot allotted to you
3) you have to approach society for allotment of parking slots
Can the society reallot the same parking to me from the existing member against an indemnity from him
Society can re allot the car parking slot to you
no need for any indemnity from seller
as on date there is no pending allotment in society
Yes society can object if the parking is not a covered parking that is garage since parking is part of common area it is right of society to transfer the allotment.
So the member has to transfer allotment with NOC of society.
The society can also change allotment.
The society has power to change the allotment.
On the basis of above he can allot you the same. Society will re- allot the same to you.
The society has transferred the parking light Studio apartment holder by the redevelopment agreement and in case any of the allottee like to transfer his share of parking to any other person you can do so by transferring the property through an agreement and no objection letter as the parking cannot be registered.
The society has nothing to do with this deal and it should not be inform to the society and simply put in use
please ask the seller to obtain society NOC for sale of the car park space to you
the flat and the 2 car parks will be having combined share certificate and NOT separate share certificates
that is, the car park spaces are attached to the flat which is in turn attached to the society shares under a single share certificate
so if one of the premises forming part of the combined premises of flat and two parkings are sought to be separated by the society member by selling one of his car park space to you, then obviously this transaction will require NOC of society
1. ALL types of Parking spaces are FREE OF FSI and is not Saleable /Transferable, under any circumstances.
2. In a Society, all parking slots belong to the Society, since the Society is the custodian of all such Non-FSI space.
3. Persons holding parking space may duly surrender the same to the Society and THEN society would allot afresh to the new member.
Society can allot you parking, no need for any indemnity.
The law on car parking space in the apartments association or society is that the parking spaces cannot be sold and the society is the absolute owner of all the common areas including parking spaces. Though you have got an allotment letter, without a registered sale deed on this parking space, you cannot claim title or ownership about it hence the seller cannot sell it by a registered sale deed, nor he can relinquish his rights on the parking space by a registered space.
You can obtain permission from the society for such transfer which can be done without consideration by re-allotting the same to you by the society.
You may enquire on further issues with the society authorities.
The seller cannot indemnify on this, however he can surrender the same to society on the condition that it may be re=-allotted to the new buyer without any consideration passed between they two.
The society will take a decision on this after a meeting among the MC members or in a AGM of the society