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Bombay High Court curbs sale of basements and parking spaces

The Bombay High Court ruled that basements and parking spaces are common amenities and cannot be sold as independent units or used to claim housing society membership. The judgment strengthens rights of co-operative housing societies across Maharashtra

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Talbiyha Paradise CHS, Taloja. Pic/By Special Arrangement

Talbiyha Paradise CHS, Taloja. Pic/By Special Arrangement

In a landmark ruling strengthening the rights of housing societies, the Bombay High Court has held that basements and parking areas are common amenities and cannot be sold as independent units or used to claim membership in a co-operative housing society.

Justice Amit Borkar, while dismissing a writ petition filed by Amanul Ekramul Ansari, upheld a state government order that had cancelled the grant of membership to a purchaser of a building basement. The court ruled that ownership of a basement or parking space, even through a registered sale deed, does not qualify a person for membership under the Maharashtra Co-operative Societies Act.

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