• Car parking mentioned in sale deed but I don't have any alottment letter from builder

Hi Sir,

I am second owner of a flat, I already have covered parking but suddenly builder has change my parking to open, he said the parking you were using was allotted to you on a temporary basis as the specified open parking is not ready at the time of possession.

I recently purchased flat from the first owner and builder didn't gave any proper allottment letter to him. But they are using that covered parking from last three years.

The society is formed but the conveyance deed is still pending(as I came to know from the builder). Builder said since the conveyance deed is not done he can still interfere in the parking areas allottment).We are about to get the share certificate.

My queries :-
1. Is it possible to have share certificate distributed before having conveyance deed between builder and society ?
2. Since single car parking is mentioned in my sale deed(also in the agreement between first owner and builder), Is that mean covered parking ?
3. What steps I can take, in order to get our covered parking back ?
4. Also, our society is about to print the share certificate, but they asked me it has been issued on the name of the first owner and then you have to transfer it again to your name by giving some charges and some documents that requires first owner signatures. Is it really required ? as I already have sale deed, society NOC with me.

Thanks in anticipation.

Thanks,
Prashant
Asked 6 years ago in Property Law
Religion: Hindu

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9 Answers

1. Technically, the share Certificates should be issued for the issuance of the conveyance deed you're talking about.

2. Not essentially. Parking slot has to be in accordance with the specifications provided under the building byelaws and the national building code. Both the rules only specify the dimensions of a parking, but not provide that it must be necessarily covered. Accordingly, it isn't essential.

3. Write to him to earmark a parking slot for you in the stilt/basement/covered parking.

4.if they're being issued for the first time, they should be issued directly in your favor.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Hello,

1) There's no impediment about issuance of share certificate before conveyance is giv agreementen as the gesture shows the intent to provide conveyance.

2) If there's no specific description of the parking as stilt parking, the builder/ promoter can provide any place for parking and that fulfills what is in the agreement.

3) You can negotiate with the builder to get the stilt parking back. Legally you can't do much as an alternate parking space is provided.

4) Yes, this formality has to be followed as the flat was originally alloted to the first owner

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

1) society can issue share certificate even before conveyance deed is executed by builder in favour of society

2) single car parking does not mean covered parking slot

3) if flat sold after formation of society then name of first owner would be reflected in share certificate

4) share certificate would then be transferred in your name

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Yes share caertificate can be issued at this stage also, even if coneyance deed has not been made.

2. Single parking does not mean covered parking, talk to the builder to allot you covered parking.

3. If you have purchased the same after formation of Society then the same will be done and it willbe transffered to you eventually.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1.Only from the allottment letter it can be said the allottment of parking space was temporary or permanent.Yes,beofre the deed of conveyance the sahre certificate can be issued.

2.Since it is not mentioned now its interpretation is open to both the aprties to suit your respective convenience.If all other parking space is covered then there is nothing to hold this one to be in the open.

3. File a case before the consumer forum.

4.Such formalities varies with every society and no specific common rule is in place in every society.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Society has the duty to register the share certificate in your name on production of the sale deed from the previous owner of the apartment.

Please check the old sale deed (Your seller's sale deed) is there any thing mentioned as covered paring then you have all the right to claim your covered car parking.

Please take all your grievances to the District registrar of Society he has the authority to resolve all the issues.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

1. Is it possible to have share certificate distributed before having conveyance deed between builder and society ? - Think, if builder never issue or delay unnecessary, conveyance deed, than ? On the basis on actual possession/sale deed, share certificate may not be invalid.

2. Since single car parking is mentioned in my sale deed(also in the agreement between first owner and builder), Is that mean covered parking ? - Until there was no agreement, that specific parking may be allotted, it will assume same parking allotted.

3. What steps I can take, in order to get our covered parking back ? - court stay,

4. Also, our society is about to print the share certificate, but they asked me it has been issued on the name of the first owner and then you have to transfer it again to your name by giving some charges and some documents that requires first owner signatures. Is it really required ? as I already have sale deed, society NOC with me. -- In the conveyance deed it will needed but not in share certificate. But usually, certificate issues in the first party and on sale, it get transfer to next party.

Thanks in anticipation.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Hello sir , the details of the parking shall be mentioned in the builder buyer agreement , whether it is a covered or a open parking ..if the original buyer has paid for it and the parking has been allotee to the perticular unit/flat , then subsequently it has to be transfered into your name along with the flat .. Kinldy share the builder buyer agreement for better guidance over the topic...

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. The builder has to execute conveyance deed to the society once a society is formed.

The society has to secure the conveyance deed from the builder along with the list of all other documents to compete the execution.

The state government of Maharashtra has made an amendment in the Maharashtra Ownership Flat Act 1963 (MOFA) in 2009, wherein societies on their own could approach the state cooperation department and secure conveyance.

The department of cooperation, Pune has told its deputy registrar offices to issue notices to housing societies, which have not yet secured the conveyance deed from the builder.

2. The builder has to provide car parking space to each unit of the flats that are built in that complex.

The car parking space comes under common area and shall be under the control of the society/association.

3. The society will allot parking space as per the bylaws or resolutions passed to this effect.

4. The first owner is the person who bought the property hence you are eligible for transfer of share from his name to yours, since you have NOC to this effect, it will confirm this rule.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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