1 Day Ago
Builder can only sell property which constitutes of Floor Space Index (FSI), no more and no less.
The property which does not constitute of FSI falls under common areas which jointly belong to the entire society (such as open spaces, stilt spaces, garden area, lift, common passage etc.), and therefore what jointly belongs to the entire society cannot be sold by the builder to one or more private individuals.
For example builder cannot sell a garden, a swing in the garden, or say one out of four lifts for exclusive use of one or more society members, even if some society members wish to buy and were ready to pay a price for it !
Similarly car parking spaces which do not constitute of FSI, jointly belong to the entire society and such joint property owned by all of the society members cannot be sold to one or more members to the exclusion and deprivation of others, but such spaces have to be allocated (not sold) for parking by the society.
Thus, if a builder sells common areas then it would be illegal - and this is what has been laid down by the Supreme Court in Nahalchand Laloochand Pvt. Ltd. v/s. Panchali Co-operative Housing Society Ltd.
> First Step: RTI can be successfully used to obtain information from the concerned Municipality and Registrar of Co-op. Societies,
> Second Step: Based on the study of the information obtained through RTI, if one finds any illegality, then one can then file a written complaint with both the Municipality and Registrar of Co-op Stys,
> Third Step: And then follow up the complaint made as above, file another RTI application to obtain information on the action taken on the complaint so made.
Please refer to the following link to go through some earlier discussions on the subject:
Illegal allotment of Parking Spaces & how RTI can help?