Legal Question in Real Estate Law in India

Hi,

I am buying a flat in Thane, Maharashtra, India alongwith a stilt parking allotted to the owner by the builder. There are 3 separate societies within the same premises and the parking allotted by the builder for this flat happens to fall in the stilt area of another society. Initially only one CHS was envisaged to be formed, but now there are three. Both the buildings (the building in which there is flat and the building in which there is parking stilt) are physically connected although both have separate staircases and lifts and entrances (and both are now under different societies). The original owner has an allotment letter from the builder but it is not registered and the stamp duty has not been paid on the same. I have following queries regarding this situation:

Can this parking be acquired by the other society once I buy it?

Can the owner transfer this stilt parking lot which now is physically part of other society?

Can I continue to have exclusive use of the stilt parking even if I am not a member of that society? Will I have any legal recourse if I buy this property and consequently the parking is compulsorily acquired by the society?

Thanks in advance for all the advice.

Best regards


Asked on 12/02/10, 8:36 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Check bye-laws of the society and terms of conveyance in favour of the society and act accordingly.

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Answered on 6/05/11, 12:41 am


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