Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 -----
Maharashtra Ownership Flats (Regulations of the Promotion of Construction...
Read MoreMaharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 -----
Maharashtra Ownership Flats (Regulations of the Promotion of Construction etc) Rules. 1964 ------
Development Control Regulations for Greater Bombay, 1991 ------
Maharashtra Apartment Ownership Act, 1970 -------
Maharashtra Regional and Town Planning Act, 1966 -----
Transfer of Property Act, 1882 -----
(i) whether stand alone ‘garage’ or in other words ‘garage’ as an independent unit by itself is a ‘flat’ within the meaning of Section 2(a-1) of MOFA ----- stand alone ‘garage’ or in other words ‘garage’ as an independent unit by itself is not a ‘flat’ within the meaning of Section 2(a-1) and we answer question (i) in the negative.
(ii) whether stilt parking space/open parking space of a building regulated by MOFA is a ‘garage’ ----- A stilt area is a space above the ground and below the first floor having columns that support the first floor and the building ---- It may be usable as a parking space but we do not think that for the purposes of MOFA, such portion could be treated as garage.
(iii) If the answer to aforesaid questions is in the negative, whether stilt parking space/open parking space in such building is part of ‘common areas and facilities’ ------ Stilt parking spaces would not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the advertisement and agreement with the flat purchaser; (iv) what are the rights of the promoter vis-à-vis society (of flat purchasers) in respect of open parking space/s / stilt parking space/s ------ The promoter has no right to sell any portion of such building which is not flat ------ Held: It is thus clear that the promoter has no right to sell “stilt parking spaces” as these are neither “flat” not appurtenant or attachment to a “flat”;
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