JVPD Scheme in Vile Parle West, Mumbai consists of 14 societies. The original land has been leased to these 14 co-operative housing societies under the lease deed executed in their favour by the erstwhile Bombay Housing Board. The lease was for a period of 999 years. The 14 societies in turn have leased out a portion of their land as independent plots to various constituent society members. All the 14 societies were independently registered as co-operative housing societies. Due to this peculiar structure in JVPD scheme, none of the buildings on individual plots can form their own individual housing societies. Hence, the decision making and power in the buildings is in the hands of the plot owner. Also normal co - operative society laws regarding parking and usage of common spaces etc do not apply to these individual building plots (to the best of my knowledge) I have a 'co - ownership' flat in a building in JVPD scheme. The plot owner does not allow most of the flat owners to have any parking rights in the building nor does he allow anything to be written in the sale deeds regarding parking rights. Effectively, this makes the flat illiquid as no one would be ready to buy a flat in a relatively premium area without clear parking rights. With me, earlier when I was buying the flat (through a mutual friend, 22 years ago) I was promised 1 parking space. However, at the time of signing of the agreement, they reneged on giving it in writing and due to the verbal agreement, they are allowing me to park 1 car in the building. However, this is not in writing and I am sure that if I sell the flat, they will not allow the buyer the same right, nor will they allow anything to be put in writing in the sale deed. Kindly advice on the course of action that I can pursue and the rights that I have as a flat owner in this situation. I would like to sell this flat and move out, but am restricted due to this particular problem.
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1) since you are owner of flat in building you are entitled to parking slot
2) since owner is allowing you parking slot to park your car on basis of verbal agreement there is no reason why buyer should not be granted said right
3) it is advisable to talk to owner whether he would grant buyer parking slot
4) since there is no cooperative housing formed for your building you cannot claim benefit of provisions of cooperative societies act
If the parking rights allotted to you remain uninterrupted all these 22 years, then it is construed that the individual owners are bestowed with parking rights.
You can sell the property with the parking rights as it is, if necessary you can obtain a general NOC from ther owner before selling it.
I would like to see the mother lease deed and the sub lease created by the lessee society in favor of the plot owner
There is more to this case than meets the eye from your query
From what has been described in the query it appears that the lessee society sub leased a part of its leasehold land to its member who then constructed a building on the allotted plot and sold Flats in it to flat purchasers
Unless there is any restriction in the mother deed or the sub deed or in the flat sale agreement, in my view there cannot be any restrictions against formation of a society by the flat buyers
The allottee cannot act as a landlord
So without seeing the documents I am not able to comment
You will have to show the principal lease deed, sub lease deed and the initial flat sale agreements
From these documents it could be discerned why a society cannot be formed and why the allottee would retain his right over the allotted plot in perpetuity despite having sold flats in the building constructed on the allotted plot
Plz take an appointment if you wish so. Needless to state it will be a paid one.
Your society is governed by MCS Act and Parking in open spaces are allowed. Secondly you can guarantee 1 parking space in your society or building premises if there is open or fixed parking space by paying nominal charges to society for the same. The same can’t be mentioned in sale agreement as there is no law in Maharashtra under which parking spaces can be sold except in RERA. But rera will not be applicable to you.
Dear client,
The situation you're facing with the lack of parking rights in your co-ownership flat in the JVPD Scheme falls under the purview of property and cooperative housing laws in India. Given the unique structure of the scheme and the restrictions placed on individual building plots within the cooperative housing societies, resolving this issue might involve legal recourse and navigating through cooperative housing regulations.
Review the Cooperative Housing Society Bye-Laws and Lease Deed: Understand the rules, regulations, and by-laws governing the cooperative housing societies in the JVPD Scheme. Scrutinize the lease deed to ascertain if there are any provisions related to parking rights or if it stipulates any obligations for the plot owners to provide parking spaces to the flat owners.
Explore Negotiation or Mediation: Attempt to negotiate or mediate with the plot owner or the cooperative housing society to formalize the parking rights in writing. Highlight the verbal agreement and the impact on the property's marketability due to the absence of clear parking rights.
File a Complaint or Legal Action: If negotiations fail, consider legal action through the appropriate channels, such as filing a complaint with the cooperative housing authority or pursuing legal remedies in court. Seek redressal for the breach of verbal agreement or any clauses in the cooperative housing laws that support your entitlement to parking rights.
Document Everything: Maintain a record of all communication, agreements, and relevant documents related to the property, especially those concerning the promised parking rights. Document instances where the plot owner or cooperative housing society denied or restricted parking access.
Potential Outcomes: If legal proceedings favor your claim and establish your entitlement to parking rights, it may influence the saleability of your property positively. However, it's essential to weigh the costs, time, and potential outcomes against the benefits before pursuing legal action.
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