Legal Question in Real Estate Law in India
If a society is redeveloped by a builder then is car parking allotment letter by builder to the new buyers of the re-developed building valid ? will the old members be legally obliged to accept the parking allotment given to the new members of the society by the builder ?
2 Answers from Attorneys
Hi,
The answer to all this lies in the Agreement which you people had made in past for redevelopment with the builder. If no such clause is found in the agreement, that simple means agreement was silent on the same and hence builder has right to add this important clause later.
In view of recent supreme court ruling, you need to draft your agreement carefully.
Since Society and its members are owners, they should provide in the agreement builder is merely a contractor in respect of areas to be constructed and given back to existing members, including existing allotted car parking areas.
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