Legality of Builder's Allotment Letter for Stilt Parking in Society.
3 years ago
I am owner of flat in the society and purchased one unit of Stilt Parking from Builder, against which I only received Allotment Letter from Builder and not having separate registered agreement for it. All consideration had been paid in cash & having no receipts for the same. 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 (not sure whether builder will do it or not). This is done with all Parking Owners. Now the case is, 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. I understand that it won't be easy to revoke consideration paid to builder, if found illegal. But is it possible to get separate registered agreement with builder now (post society handover), if he agrees?
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since the allotment letter has been issued in your favour by the builder, your rights cannot be denied. An allotment letter is admissible in court and society cannot take away your rights if you have already paid the charges for the said parking and an allotment letter has been issued in your favor.
Thank you.
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Since you have paid for the parking and also have an allotment letter for the same issued by the builder, your rights are absolute over the parking space. The letter for Car Parking Allotment from the Builder is enough which would have a legal stand too. Society has no right to change parking allotment in the future. Thank You
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Jagannath S Pawar
Responded 3 years ago