Legal Question in Landlord & Tenant Law in India
Is an allotment letter is valid for carparking in flat system
2 Answers from Attorneys
19.01.2013
Dear Sir / Madam,
Yes ... I draw your attention to Sections 78 & 79 of the Maharashtra State Co-operative Societies Act, 1960; the Maharashtra State Co-operative Societies Rules, 1961 and the prevailing byelaws dated 25.04.2011 thereunder -
Section 78(a): Member may hold parking space/stilt if he is allotted the same, and he shall have a right to transfer the same to transferee or other eligible member of the same Society.
Section 78(b): The allotment of parking space/stilts shall be made by the Committee on the basis of "First Come First Served", for available parking spaces. However, in case of parking space/stilts allotted by the Society, the member shall have no right to sell or transfer the said allotted parking space/stilts, to anybody.
Section 79: No member may be entitled to utilize more parking spaces/stilts than what is allotted to him by the Committee, Builder.
Regards,
FCA Prashant Chavan
Mumbai
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