• Resale flat one parking alloted to two flat owners

Hi All 
I have recently bought a resell flat with covered parking. All the sales deed and agreement to sale have been executed. After i shifted to the flat i came to know my parking has also been allocated to another flat owner. So both our agreements have the same parking space memtioned. I tried to address this with previous owner and builder as well. I co tacted peevioys owner, he says contact builder. I contacted builder he is not even bothered to listen. How should this situation be handled? What are tge legal and non legal ways.

Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) did you pay any consideration to seller for covered parking slot?

2) if so seek refund from seller for the money paid towards car parking slot

3) please note that car parking slot forms part of common areas and cannot be sold

4) society is free to allocate car parking slot to members by drawing of lots in case number of slots are more than members

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. This is the fault of the builder for which he alone is responsible to correct the mistake.

2. So if he refuses to give you necessary relief you can seek redress from consumer forum.

3.Once you file case in consumer forum you will either get order for refund of money or alternative parking space along with damages and compensation.

4. Without this you have no option.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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the earlier sale deed executed by the builder in respect of the car parking space will be held to be valid. The subsequent sale deed executed by the builder in favour of your previous owner is fraudulent, knowing this fully well, if your seller has hidden this aspect from you, he has committed fraud and has cheated you with false intentions. In this case, you will have to file criminal cases against both the builder and your previous owner U/s 420 of IPC. if this case goes to the civil court, the first purchaser of the parking slot will get possession of the car parking slot and not you.

Hence file a criminal case and seek out your remedy here.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

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Parking spaces have often been a matter of prime concern for several apartment complexes.

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

Therefore selling of flat with car parking space separately mentioned in the sale deed is actually illegal and invalid.

However you can sort it out with the association and get a parking space allotted to your flat exclusively.

If nothing happens in your favor you may resort to legal process by first issuing a legal notice and then through court of law.

Consult a local advocate on this immediately and sort it out legally.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

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