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Index II Vs Municipal Corporation Approved Plan
19-Feb-2025 (In Property Law)
Hello
I'm a resident of society which i purchased in 2006 which included builder allotted parking as part of registered sale deed. For last 20 years i was uninterruptedly using it without any issue. In Feb 2025, the society unilaterally reduced my open builder allotted parking by 5 feet without consent.
When asked justification they said bcz your Index II mentions 100 sq.feet we have reduced. How can Index II take precedence over municipal approved plan?
Your registered sale deed, which includes builder-allotted parking, is a legally binding document.
Index II is an extract that records basic property details but does not override the terms of the registered sale deed or municipal-approved plan.
A housing society does not have the unilateral right to alter legally allotted parking spaces without proper justification and consent.
If the municipal-approved plan includes the originally allotted space, the society’s actions may be unlawful.
Send a Legal Notice: Inform the society about the illegality of their action and request reinstatement of your original parking space.
Approach the Registrar of Societies: File a complaint with the housing society registrar if your rights are being violated.
Consumer Forum/Court Case: If the issue is unresolved, you may file a complaint in the consumer forum or civil court for deficiency of service and breach of contract.
Helpful?
Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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Dear client based on your query, contractual obligations between parties may vary based on the specific terms agreed upon and the applicable legal framework, which needs a proper analysis of statutory provisions, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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