Chandramani Tiwari
I live in Mumbai, Maharashtra. I have couple of queries with regards to the parking letter and parking allocation.
In my society, few people have recently (few months back) brought a one page back-dated letter from the builder , which says that a particular stilt parking space belongs to them. However, the society got registered in the year 2009. It is quite surprising and unbelievable that they have never disclosed about this letter for last so many years to anybody nor they have discussed about this in the society meetings whenever there was car parking issues and now suddenly they have produced back dated letter from the builder.
Could you please guide me as to how can I challenge them to justify the authenticity of the letter obtained by the builder. Could you also suggest me the right approach to get justice in the said matter?
In addition, I also want know that whether one page letter from builder is more than sufficient to claim the stilt parking space in the society OR do you need to have separate agreement (which includes stamp duty payment or registration charges etc) like when we purchase a flat ?
I C Naik
In the landmark judgment delivered by the Maharashtra State Co-operative Appellate Court Mumbai in the case of M/s Prakash Auto v/s Aranja Arcade Premises Co-operative Society Ltd. & ors. has prevented the Builders from selling or otherwise disposing of the disputed car parking spaces. The implications of the above said judgment is that even if the builder sells car parking space in the basement, a co-operative society is entitled to allot the car parking space in the basement to their members on the basis of the resolution passed by the society at its General Body Meeting.
