Sale of Parking by Owner
Builder sold Flat in Society A and Parking in Society B separately in 2003 to one single Purchaser. Flat and Parking were sold by 2 separate registered agreement for sale . Both Society A and Society B are part of same gated campus developed by Builder in which there are many more societies.
Property is not yet conveyed by Builder to societies. The Agreement for Parking states that Purchaser could sell it to eligible member of any society within the campus and/ or also to purchaser of Flat.
In 2009, the First Purchaser sold the Parking and Flat to Purchaser # 2 by a single registered agreement. Parking Society has raised maintenance bills for parking in name of Purchaser # 2 .
Now in 2016, the Purchaser # 2 wants to sell the Flat and Parking to a Purchaser # 3. Purchaser # 3 is not currently member of Society A or Society B.
Can car parking be sold to Purchaser # 3?
Does Society B need to give NOC for sale of parking? Can Society B take a stand that parking cannot be sold?
If Purchaser # 3 enters into a registered agreement for purchase of flat and parking, can Society B refuse to recognize Purchaser # 3 and his rights?