Legal Question in Real Estate Law in India

Sale of Stilt Parking to Non member by Builder

Ours is a complex of three building with seperate society registered under Maharashtra Co-operative Housing Society's Act, the builder has not yet given the conveyance, thought it has almost 3 year passed the society is registered. Builder has sold stilt parking in our building to adjuscent society member, who are occupying the parking space due to which our member is finding it difficult to get parking space, we had passed resolution in our society requested these occupant to vacate the parking space, however there is no result. We had even written to Dy. Registrar of co-operative housing society, who has replied to approach co-operative court under sec 91 of act. Pl advice whether the act of builder can be challanged in court, can we get the parking space occupied by other society member vacated , pl suggest is it worth to spend on legal expenses in this matter. How can we get conveyance from builder and what action society should take in this matter.

thanks


Asked on 2/21/09, 5:58 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Sale of Stilt Parking to Non member by Builder

Since property is not conveyed in favour of Society, same can not be regarded as dispute between society or member.

Under recent amendment to MOFA, powers of declaring conveyance are given to concerned officials of Co-op Dept. Explore that. Else, approach court.

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Answered on 2/21/09, 6:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Sale of Stilt Parking to Non member by Builder

You may need to engage a local counsel to deal with your situation; in law, you may be entitled to the conveyance deed; and you may also be entitled to seek vacation of parking lots from other occupants;

It may be worth to spend on legal proceedings - lawyer's fee and the expenses involved, for fructifying your legal rights.

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Answered on 2/21/09, 1:05 pm


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