• Purchasing second car parking after the registration

Hello,

In Pune I have purchased an office in an commercial complex in which one parking was included in the infra cost. This week, I have asked the builder for the second parking slot. The builder has asked me for the cheque payment and he would issue the allotment letter on his letterhead. In few discussions on the past on this forum it was mentioned that the allotment letter has no legal value and this could lead to the problem during society formation. 

I think having two parkings, would increase the rentability of the office. Therefore I am looking for a formal option which would avoid complications after the society formation. Any advice on this?

Best Regards
Prasad
Asked 7 years ago in Property Law
Religion: Other

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5 Answers

1) builder cannot sell car parking slots

2) builder can allot car parking slots

3) on formation of society it can reallot car parking slots depending upon number of members and availability of the slots

4) if members are more and slots less society can allot car parking slots by drawing of lots

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Yes mere allotment letr is no proof of purchase of parking lot.

2. Only a valid sale deed can make you owner of any space.

3. So of there is still availability of space execute a sale deed in respect of another parking space.

4. once you become owner two parking space the society cannot raise any objection later on.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The builder can certainly allot the second car parking on his letterhead. The allotment of second car parking is not illegal if the allotment is made without prejudice to the rights of other allottees. Formation of society does not result in cancellation of allotment. The society can make a fresh allotment but it cannot cancel an allotment that has been made without prejudice to the rights of other owners.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. First of all check the construction plan which was sanctioned to ensure that the car parking has been sanctioned by the authority.

2. After that examine the development agreement to ensure that all the car parking spaces are not included with the individual shops/offices or residential accommodations of the said building.

3. In case it is found that there are car parking spaces not attached/sold to any shop/flat, you can go for it.

4. You should proceed to buy the additional car parking space if all the units have not yet been sold and there is no association formed yet whom the builder has handed over charge of the entire premises.

5. If there has been an association already formed and some shops/units or car parking spaces have not yet been sold, you can buy the same only after taking NOC from the association to avoid any future problem.

6. It is important to see that the builder does not sell you car parking space from the common area but sells car parking space exclusively constructed for parking cars as per the sanctioned plan.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Right of allotment of available parking space is governed by bye laws of the Society.

Even if you somehow get an additional car parking at this stage, the society may cancel the allotment of second car parking space and re-allot to someone who is not having space even for one car.

No member of the society shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any stilts or parking spaces remain without allotment of parking space for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or the parking space. Such allotment of 2nd or 3rd stilt/parking space should be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilt/parking space.

Where a member has been allotted more then one stilt/parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body Meeting/Bye Laws.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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