Legal Question in Wills and Trusts in India

September 10, 2009

Dear Sir,

I am staying in Mulund (east). On this plot there are two buildings (say A and B) constructed by one builder. Both the buildings have different societies (registered). However the conveyance is not yet done. It is informed by the builder that the conveyance shall be one for both the buildings since in BMC records the plot is one on which there are two buildings. Builder has sold flats in both the buildings however the stilt parking is sold by way of allottment letters. Now One Mr X (who resides in building A) wants to sell his stilt parking (allotted by builder in building B) to another Mr Y (who also resides in Building A). For this X & Y have submitted letters in the prescribed format to the secretaries of both the buildings separately.

Que 1) Is this transaction valid?

Que 2) Is it must for X & Y to obtain NOC from both the societies or only from A or only from B or not required at all.

Que 3) Can society of building B reject the application of X & Y? If so on what grounds? Is there any recourse available to X & Y in case of rejection?

Sameer Pande


Asked on 9/10/09, 1:53 pm

1 Answer from Attorneys

yes it is valid coz both f u r resident of same building and parking was purchased and not come alongwith building rights.

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Answered on 9/11/09, 5:20 am


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