So under such circumstances can society cancel previously alloted parking spaces done by builder and do fresh allotments?
Yes, once a society is formed, it can make the rules accordingly and can re-allot the parking space to the flat owners as per rules. The allotment letter issued by the builder is not binding on the society to make byelaws in this regard. Parking space cannot be sold by the builder, it is a common space belonging to the society and only society candecideaboutits allotment generally it isfirstcum first served basis or on draw of lots basis to its members alone and not for the tenants.
I have heard that MOFA act says that builder can not handle or dispose off any open space other than flats as open space belongs to society.
You have rightly heard of it. The relevant portion of the rule of the referred act is reproduced below for your information which will clearly convince you about the question you have posted here:
4 Notwithstanding anything contained in any other law, a promoter who intends to construct or constructs a block or building of flats, all or some of which are to be taken or are taken on ownership basis, shall, before, he accepts any sum of money as advance payment or deposit, which shall not be more than 20 per cent. of the sale price enter into a written agreement for sale with eaC:1of such personswho are to take or have taken such flats, and the agreement shall be registered XVI the Registration Act, 1908(hereinafter in this section referred to as " the of . Registration Act ")] "'rand such agreement shall be in the prescribed form.]. 1908,
. . .'
. 5[(1A) The agre~eent to be prescrIbed and sub-sectIOn (1) shall contain inter alia the particulars as specified in cluase (a) ; and to such agreement there shall be attached the copies of the documents specified in clause: (b).(a) particulars.- . (i) iftl1e building is to be constructed, the liability of the promoter to construct it according to the plans and specifications approved by the local authority where.such approval is required under any law for the time being in force
(Ii) the date by which the possession of the fiat is to be handed ovcito t~c
(ui) the extent of the carpet area of the fiat including the area of the balconks
. which should be shown separately; '. .
(iv) the price of the flat including the proportionate price of the common
areas and facilities which should be shown separately, to be paid by the pur"
~haser of flat; and the intervals at which instalments thereof may be paid;
(v) the precise nature of the organisation to be cons.tituted of the persons who have taken or are to take the flats; ..,
(vi) the nature, extent and description of limited common areas and facilities; .. . .
(vii) the nature, extent and description of limited common areas and facilities,
W~; . . .
(viii) percentage of undivided interest in the common areas and facilities
appertainingto the flat agreedto be sold; . .. ,
, (ix) stat~ment of the use of which tlle flat is intend~d and restriction of its
use, if any;
(x) percentage of undivided interests in the limited common areas and
facilities, if any, appertaining to the flat agreed to be sold ;
(b) copies of documents,~
(i) the certificate by an Attornery-at-Iaw ~r Advocate under clause (a) of
sub-section (2) of section 3 ; .
(ii) Property Card or extract of Village Forms VI ()r VII and XJJ or any
other relevant revenue record showing the nature of the title of the promoter.
to the land on which the fiats are constructed or are to be constructed;
(iii) the plans and specifications of the flat as approved by tbeconccrned
local authority. ]. .
1[(2) Any agree~ent for sale entered into under sub-section(J) shall be prese~ted
by tbepromoter or. by any other person competent .to do so. under section 32 of
the Registration Act, at the proper registration office for registration, within the
time allowed under sections 23 to 26 (both inclusive)of the said Act and execution
thereof shall be admitted before the registring officer by the person executing the
document or his rept:esentative, assign or agent as laid down in sections 34 and
35 of the said Act also within, the time aforesaid: .
Provided that.wbere any agreement for sale is entered into, or is purported,
to be entered into, under sub-section(I), at any time before the commencementof
,the Maharashtra. Ownership Flats (Regulation of the promotiori of con~tructioriJ
Mah.sale, management and"transfer) ,(Amenc;1mentand Validating' Provisions) Act.'
Vof 1983,and such agreement was not presented for registr~tiori<?rwas presented for'
1984.registration but its executionwas not admitted beforethe registration officerby the . person concerned, before the commencementof the said Act, t})eil.such document
may be presented at the proper registrationofficefor r~gistration,and its execution
may be admitted, by any of the .persons concerned referred to' abci,vein this sub. "section, on or before the 31stDecember 1984,and theregisteriilg officershall accept
"sUchdocument for registration, and register it under the Registration Act as if it . were presented, and its executionwas admitted, within the time laid down in the
. RegistrationAct:.. ",' ',':
The builder cannot utilise the floor space index as per his desire.