Legal Question in Real Estate Law in India
Car parking in cooperative housing societies
I own a flat in a cooperative housing society in Mumbai and have been living here since 2002. During the purchase of the flat , the builder has given a letter to me, signed by him in original and on the letterhead of his company, stating an allotment of a particular stilt car park to my flat. There is no registeration or stamp duty to this allotment and neither is the builder interested in the same. After 6 years, the cooperative society committee has under a majority decisionin a AGM has asked me (and such others) to provide legal document of ownership of the car parking space else I would loose the right over the space.Mere allotment letter is not acceptable to the committe. My question is - On this Allotment letter, can I register this car park space on my own? Also, can a stamp duty be paid? The car park allotment is not shown as a sale even though money is paid to the builder. I have scaled drawings of the parking area which I have obtained from building proposals department. On basis of this drawing and by appointing a PWD approved surveyor, cant I measure the alloted parking and complete the formalities of registration and stamp duties? Please advise if this is possible and recommend an appropriate legal office to me.
3 Answers from Attorneys
Re: Car parking in cooperative housing societies
You may want to consult a local lawyer alongwith your documents. Prima facie, in my opinion, you do not seem to have a vested right in the parking area and may, therefore, have to follow the Society decision.
Re: Car parking in cooperative housing societies
You can pay stamp duty with penalty on the allotment letter. However, registration is not possible beyond 8 months from the date of letter.
Re: Car parking in cooperative housing societies
It is pertinent to note that parking spaces are mentioned in clause 22 of the Maharashtra Ownership Flats Act along with words open space, lobbies and staircase giving clear indication that these spaces are also common amenities. This also indicates that car park spaces do not have independent status.Though, such space would remain the property of the promoter/developer, he would keep the property as trustee and convey the same at the earliest to an association formed by the purchaser of the flats. This is his legal obligation under section 11 of the Maharashtra Ownership Flats Act.
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