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Is the builder authorised to sell Stilt parking?
29-Jul-2023 (In Property Law)
A builder has demarcated the stilt area of a flat as parking and sold it to flat owners as parking space along with the flat. The same is reflected in the Deed and registered in the flat owner's name. Is the builder authorised to sell the same? Is the registration valid?
Stilt area of a complex which has been taken in to the calculation of the super built up area of all the owners of the complex could not be demarcated to the individual by the developer hence please check it out first whether the same has been done or not if the area has not been taken into account from the end of the developer in that event the developer prior to commencement of the RERA used to do so. However Hon'ble Supreme Court of India in its decision declared the same as a void sale.
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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Who is the owner of stilt parking?
In a landmark judgement in 2010, the Supreme Court of India ruled that parking facilities in residential societies are considered common facilities. The stilt parking is available to all residents/owners of the building.
Is stilt floor and ground floor same?
Stilt floor is located at ground level. Cellar is an area for parking and utility. Basement and cellar are both below ground level. Height is the difference between stilt and ground floors. The stilt floor is usually kept at 2.5m while the ground floor is kept minimum at 3.0m.
Can stilt parking be sold by builder?
When the Occupancy Certificate is used by the corporation, the developer no longer has a separate title and the stilt parking space becomes the property of the society.
There are catena of decided rulings on the issue.Sale deed is required to be thoroughly​ studied.If purchase of stilt parking is a condition precedent for purchasing an apartment for all buyers or the same is optional , the same also to be looked into.If you desire sue the developer , you may Contact lawRato for further instructions.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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