• Car parking in flat

I have a flat which I bought in 2013 with one car parking. 

Now I am getting another "link car park" (meaning two connected card parks), from a seller in the complex. I have been told by builder to get the original allocation letter and complete an MOU with the seller to reflect the sale of the parking.

Can I get the template of MOU which will cover me and what issues do you see with this exchange.
Asked 3 years ago in Property Law from Bangalore, Karnataka
1.One should never go for template more son in the case of an immovable property.
2. There are hundred types of MOU available depending upon the nature of transaction.
3. It is strongly recommended that you contact with a lawyer personally with all papers and get a customised MOU drafted through him.
4.In your case you have to get agreement for sale executed and not MOU.
Devajyoti Barman
Advocate, Kolkata
12502 Answers
160 Consultations

5.0 on 5.0

1) please take note that builder has no powers to sell car parking slots . 

2) car parking slots forms part of common areas and cannot be sold by builder .

3) once society is formed you will face problems in respect of car parking slots sold to you by the builder . 

4) dont purchase car parking slot from seller 

5) if you want to proceed with the purchase contact a local lawyer and get agreement for purchase of slot drfated by him .
Ajay Sethi
Advocate, Mumbai
44209 Answers
2562 Consultations

5.0 on 5.0

for your requirement of MOU or sale agreement contact a local advocate or call me if you need advice and proceed do not take templates of conveyance deeds.
Kiran N. Murthy
Advocate, Bangalore
987 Answers
86 Consultations

5.0 on 5.0

1. Information furnished are inadequate to advise properly,

2. Is there any Society formed and registered by the flat owners of the complex where you said flat situates?

3. If yes, then the builder can not sell any parking space of that complex,

4. Moreover, there will be no MOU but sale deed if you purchase any space, if legally allowed by the Society,

5. It is also to be noted that once you have purchased a property in a Society, you can not purchase another property in your same name in the same society,

6. Contact a local lawyer to thoroughly verify the documents & bye laws of the Society.
Krishna Kishore Ganguly
Advocate, Kolkata
18112 Answers
438 Consultations

5.0 on 5.0

Hi, it is better contact an advocate personally.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

A. As per the Supreme Court Judgement, the builder cannot sell car parking slot because of it's a common area as rightly pointed out by learned counsel Mr. Ajay Sethi.

B. Contact local advocate for more clarification.
B.T. Ravi
Advocate, Bangalore
831 Answers
55 Consultations

5.0 on 5.0

1. Car parking slots are a part of the common area which cannot be sold by the builder.

2. After the formation of society you may be embroiled in litigation initiated by any other flat owner. 

3. The ownership will pass to you only after the sale deed has been made in your favour.

4. Do not go for copy paste templates from the internet as they are mockingly rejected by the courts. Get the agreement drafted by a lawyer.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

once building has completed and ownership transferred by the builder to flats owner then society of the building is the authority to manage common area like park, swimming pool, gym, auditorium, parking atc. parking comes under common area of the building and builder has no right to sell it. contact to society and read its bylaws. society is take decision after general meeting to allot additional parking place. 
don't buy parking place from builder.
Shivendra Pratap Singh
Advocate, Lucknow
4973 Answers
78 Consultations

4.9 on 5.0

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