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Validity of Allotment for Stilt Parking Issued by Builder
17-Mar-2023 (In Property Law)
I have purchased Stilt Parking with Allotment Letter from Builder and no separate agreement for it. Respective Flat no has also painted by builder in said parking unit. Also, process of getting Property Tax of said parking unit in the name of Flat owner is under process. Now Society is claiming ownership of Parking Space, reasoning illegality of such transaction and no validity of Allotment Letter under By-Laws of the society, with no rights to builder to sell such spaces. They are planning to do re-allotment with first come first serve basis. My questions as below: -
1. Can Builder Sell such Stilt Parking Spaces based on Allotment Letter?
2. Is there any validity of Allotment Letter in court of Law?
3. Can Society challenge to such allotment, if it’s illegal?
4. If Property Tax Bills get issued in the name of Parking Owner, can still Society claim ownership?
5. Is it possible to get separate registered agreement with builder now (post society handover), if he agrees?
Well, in my Society too, I have faced this same issue. And on facing this issue, I have filed a case against Society to claim back the Stilt Parking considering, I had purchased the Stilt Parking from the Builder and got Allotment Letter for it. This Case has been going on against the Malpractice of Society and Definitely, I will win this case.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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Is parking allotment letter is enough?
It is sufficient to use the designated parking space. Its not a specific space that is designated or earmarked, but rather a general alloted one. In the sale agreement, its best to include the parking numbers.
Can society cancel parking allotted by builder?
2. Can the society, once it has been formed, cancel the parking allocation for builders by law? Once the society is formed, and the rights regarding the general management have been transferred to it, the society can rule out any illegal acts committed by the builder through a resolution.
Is parking allotment letter by builder legal or illegal?
Is allotment for parking a legal document or not? If its mentioned in the builder/buyer agreement then yes, this is a legal document. You can make a complaint to the RERA Authority in this situation.
Can builder allocate open parking?
According to the Real Estate Regulatory Authority, builders are not allowed to sell covered or open parking spaces. Parking is a basic amenity that the housing society offers. Builders cannot charge for parking. 15 Sept 2022
The format of a parking lot allotment letter includes information such as the address and name of the writer, the name of allottee and details of the location, size and dimensions of the parking space, along with the conditions and duration of the allotment.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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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