I've bought a resale flat and original owner had parking allocated by the builder. The flat was bought by him in year 2001. Now after submitting the agreement, society is refusing to give noc because in my agreement with seller parking is mentioned. Is society correct in doing that or do I have any legal recourse. If not, will I still be allocated that parking lot for use only (may not be for ownership). Please guide.
1. if builder has allotted parking and it was mentioned in the agreement between previous owner and builder then according to section 8 of the transfer of property act, this parking allocation has also been transferred automatically with the property.
2. now builder cannot refuse to give NOC. you may file a writ before the high court or may file a complaint before the registrar against the society. this is your right to get parking space.
Dear sir, Thanks for the answer. The original agreement reads "The developer agreed to sell to the purchaser and the purchaser hereby agree to purchase from the developer flat xxx in building x wing x on x floor in xxxxx with xxx square feet area and garage / stilt parking/ parking space/ hoarding no. _______ (dash) inside building number ______ on what is popurlarly known as ownership basis.... " However, the parking space number isn't mentioned in the agreement. This was subsequently allotted by builder through a letter. Please advice if I can take up this matter with society? Regards
Original owner was merely allotted car parking slot
2) parking slot was not sold to original owner
3) society approach is correct
4) society will allott you car parking slot
Thanks sir. Can we ignore that "and parking....... on ownership basis"
It appears builder has sold flat with car parking space to flat owner
However parking slots form part of common areas and builder cannot sell car parking slots
The common parking area / stilts is the property of the said society as per the said High Court order and also as per the various provisions of DCR & MOFA Act. But, be advised that this common parking area does not include the parking space that is reserved for each flat as per the provisions of DCR. Hence, this common parking space is the property of the society.
Thus the society is refusing to give NOC for resale with the parking space, better you buy the flat and then go for parking space with the society based on the bye laws meant for it.
However, the parking space number isn't mentioned in the agreement. This was subsequently allotted by builder through a letter.
Please advice if I can take up this matter with society?
In the year 2001 the restriction on builder for selling parking space was not there, it was after the latest ruling by the supreme court that the society is the authority for allotting the parking space to the members.
You can very well take up this matter with the society.
Can we ignore that "and parking....... on ownership basis"
It is your choice to ignore or to take up the matter with the society at the time purchase itself