Seek refund of money paid you to the seller for parking slot
2) mention that since society is refusing to transfer car parking slot in your name you are entitled for refund of money paid to him for car parking slot
Parking with resale flat Thane
Dear Sir I have recently purchased a resale flat along with Stilt Parking. When I approached society for allotment letter they advised me that parking is free space owned by society it can not be sold, hence exclusive parking spot may not be allotted to you. Please advise with whom I should fight with society or with previous owner.
Asked 7 years ago in Property Law
Religion: Other
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4 Answers
You have to check whether stilt parking was allotted to your purchaser by the builder if yes you have to approach concerned court of law for getting stilt parking. Also ask for society people for proof showing that parking is free space owned by the society. If the society is having proof that the stilt parking is owned by the society you have to fight with your vendor. If society don't have any proof you can sue both society and your vendor.
1. What are the rights given to the seller in his sale deed?
2. It seems to me that you purchased the flat without required due diligence. If the parking space is free space then seller could not have sold it to you. Now consult a lawyer with your sale deed and the sale deed of the seller.
If you have been charged with for the parking space too by the previous owner, you may have to advise him to handover possession of the the stilt parking space that you purchased from him.
If he refuses to oblige then you may issue a legal demand notice asking him to refund the extra charges for the parking space collected by him.
The society is right saying that the parking space belongs to society and it can allot as per the present norms to its members.
