Builders have been taking the gullible home buyers for a ride. For a very long time builders have been selling open and covered parking spaces. Most of these transactions are without any legal documentation being executed between the buyer and the seller and in cash.
These transactions are in contravention to the laws of the land and thus illegal.
Builders sell apartments on Super Built Up area basis. Such a sale includes all the amenities and plot on which the building stands. Open spaces are thus already sold through the basic sale agreement. Stilt parking also come under the ambit of open spaces which can not be sold as per Maharashtra Ownership of Flats Act.
A recent Bombay High Court judgment has affirmed this position.
Click here to see the judgment.
If you have already bought a garage/open parking /stilt parking, then the only recourse is to get a refund from your builder within 3 years. If you do not do this within 3 years a statute of limitation applies.
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