Welcome to Moneylife Foundation’s

LEGAL RESOURCE CENTREMoneylife Foundation's Legal Resource Information Centre's (LRIC) main objective is to provide information, advice and preliminary guidance to persons needing legal help or planning legal action in 10 defined areas.





Q & A
HOW IT WORKS
Our panel of experts and resources are free and can be availed of anyone. Please click on Ask Question and send your query. Our Experts will provide basic guidance in due course.
You can seek help and guidance in following 10 areas such as CHS, property-related issues, Complaints to regulators, Consumer complaints, IT Act and civil liberties, Filing PILs, Whistleblowers, Sexual harassment case, Wills & nominations, RTI and Basic legal research.
ASK QUESTION
Disclaimer: The information posted on any page of this website is just a basic guidance and NOT professional tax advice.
OUR EXPERTS

Shirish Shanbhag

Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, a Diploma in a French and has completed his LL.B. in first class, in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, where he taught theoretical and practical chemistry. Post retirement in 2012, he started providing guidance and counseling to people on several issues, with a specific focus on co-operative housing society related matters. Adv Shanbhag has a kee

Bapoo Malcolm

Bapoo Malcolm is an Advocate at the Bombay High Court and a former national cycling champion and a man of many interests. Mr Malcolm is an expert in the mechanics of preparing Wills. He is advocate practising civil and criminal law as well as documentation and arbitration. He also takes up family court matters, redevelopment and MHADA matters and testamentary work, including litigation. Mr Malcolm operates in areas up to Nashik and Valsad and from Igatpuri to Udvada. He has experience in polluti

Ashok Kargutkar

Ashok Kargutkar is a Certified Associate of Indian Institute of Bankers (CAIIB) and has worked in Bank of India for 26 years. He has also been an insurance advisor with LIC India and AMFI registered Mutual Fund Advisor for 5+ years. He has also been a counsellor at Abhay Credit Counselling Center since its inception in Sept. 2008 to 2014.

AV Shenoy

AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r

Abhay Datar

Abhay Datar is a consumer activist. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of Mumbai Grahak Panchayat (MGP) in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related with mobile banking frauds and mediclaim. Mr Datar was Member of the Managing Committee of MGP till March 2021.

Shailesh Gandhi

Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.

SD Israni

Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on

Samir Zaveri

An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.

Yogesh Sapkale

Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues

Sucheta Dalal

Trustee - Moneylife Foundation

The Housing Society at Thane is registered in June 2019 and has 31 car parking slots in the basement parking area. The Society has 2 Wings.

The Society has 32 residential flats, 7 commercial shops on the ground floor and one School belonging to Thane Municipal Corporation on the Ground Floor, as under:-

The Society has the flats of different sizes as under:-
a) 15 Flats having carpet area of 255 square feet each,
b) 4 flats having carpet area of 581 square feet each,
c) 12 flats having carpet area of 755 square feet each,
d) 1 flat having carpet area of 986 square feet plus terrace area of 272 square feet.
e) 1 Municipal School belonging to Thane Municipal Corporation on ground floor
f) 7 commercial shops of different carpet areas on the ground floor of the society building.

The Car Parking Facts are as under:-

a) 1 Member owning the flat of the carpet area of 255 square feet claims to have purchased 1 car parking from the builder.
b) 1 Member owning the flat of the carpet area of 581 square feet claims to have purchased 1 car parking from the builder.
c) 8 Members owning the flat of the carpet area of 755 square feet each claim to have purchased 2 car parking each from the builder.
d) 2 Members (wife and husband together) jointly owning 2 adjacent Jodi flats of the carpet area of 755 Sq.Feet+ 755 sq.Feet claim to have purchased 1 car parking each (Total 2) from the builder.
e) 2 Members (wife and husband together) owning 2 adjacent Jodi flats of the carpet area of 755 Sq.Feet+ 755 sq.Feet claim to have purchased 2 car parking each (Total 4) from the builder.
f) 1 Member owning 1 terrace flat of the carpet area of 986 square feet plus terrace area of 272 square feet claim to have purchased 3 car parking from the builder, before the Society was formed in June 2019.

It is seen from the excerpt of the Registered Agreement of the Members who claim to have purchased the car parking that the builder has agreed to sell the flat for the specific price as mentioned in the Agreement and hereby allotted Stilt/ Open Parking Space No._____________.

There is no mention of the allotment of the Specific Car Parking Number in the registered agreement signed with the Builder. Further, there is neither mention of the Sale of the Car Parking nor the price consideration received for the sale of Car Parking in the Registered Agreement. The Builder has given them only the Allotment Letters of the specific Car Parking Slot Number in the basement parking area, at the later date, stating that once the Society is formed, the Members will follow the Society Bye Laws and regulations and the earlier parking allotments stand Null and Void.

In Nutshell, the 13 members claim to have purchased all the 31 Car Parking of the Society and the remaining members are denied the common area facility of car parking in the common basement car Parking Area of the Society.

The Society Chairman and the Society Secretary belong to the Class of Members who claim to have purchased the car parking from the builders and they deny the Car Parking to all other remaining members of the Society.

The Society has adopted The Maharashtra Society Bye Laws, 2014 and in the First Annual General Meeting of the Society, the Members have approved the Resolution that all the Members of Society have equal right of basement car parking facility, subject to payment of the prescribed car parking charges to the Society.

However, the Society Chairman and the Secretary are not ready to implement the Adopted and Approved Resolution by the Members in the General Body Meeting.

The Municipal Corporation has issued Common Property Tax Bill for Basement Parking in the name of the Society as the basement car parking is not included in FSI.

The Share Certificates to the Members have also not been given till date, though the Society was formed and registered in June 2019.

The Society Chairman / the Secretary do not have any interest to complete the mandatory Conveyance / Deemed Conveyance of the Society Building, Common Areas and the Land, in the name of the Society.
 CHS, property-related issues
Comments
View Our Experts
Our Experts

Shirish Shanbhag Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, a Diploma in a French and has completed his LL.B. in first class, in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, where he taught theoretical and practical chemistry. Post retirement in 2012, he started providing guidance and counseling to people on several issues, with a specific focus on co-operative housing society related matters. Adv Shanbhag has a kee

Bapoo Malcolm Bapoo Malcolm is an Advocate at the Bombay High Court and a former national cycling champion and a man of many interests. Mr Malcolm is an expert in the mechanics of preparing Wills. He is advocate practising civil and criminal law as well as documentation and arbitration. He also takes up family court matters, redevelopment and MHADA matters and testamentary work, including litigation. Mr Malcolm operates in areas up to Nashik and Valsad and from Igatpuri to Udvada. He has experience in polluti

Ashok Kargutkar Ashok Kargutkar is a Certified Associate of Indian Institute of Bankers (CAIIB) and has worked in Bank of India for 26 years. He has also been an insurance advisor with LIC India and AMFI registered Mutual Fund Advisor for 5+ years. He has also been a counsellor at Abhay Credit Counselling Center since its inception in Sept. 2008 to 2014.

AV Shenoy AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r

Abhay Datar Abhay Datar is a consumer activist. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of Mumbai Grahak Panchayat (MGP) in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related with mobile banking frauds and mediclaim. Mr Datar was Member of the Managing Committee of MGP till March 2021.

Shailesh Gandhi Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.

SD Israni Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on

Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.

Yogesh Sapkale Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues

Sucheta Dalal Trustee - Moneylife Foundation

Your question will be published directly on the site. Please do not enter any personal details like name, mobile number, email id etc.

To ask a question

Please
Sign Up or Sign In
with
Email
than you