We had purchased an apartment a year ago, and the sale deed has a mention of 1 car parking along with the alloted number. A lot of owners had opted for 2 car parkings at the time of booking itself and have 2 car parking mentioned in the sale deed. Now, in either case, we of course have to pay for the car parkings. Now, our problem is, while the builder is taking a cheque and providing receipt for the additional car parking transaction, he will only be providing an allotment letter and this will not go into sale deed. I have read a lot online, about the SC judgement on stilt/basement car parkings which are not covered on all 3 sides and the builders are not supposed to charge for it. I'm not sure how the legality is, since there is already stamp duty paid for the 1 car parking area(120 sft) and we see that even property tax is getting collected for this as of now. Can you please help with the legality of the allotment letter and if we can proceed with buying the additional car parking. FYI, GST is also charged on this.
Builder cannot sell car parking slot
It forms part of common area for benefit of all members
3) builder can only allot car parking slots
4) society can set aside allotment of car parking slots made by builder
5) don’t purchase any additional car parking slot
The car parking should be purchased on sale deed only as builder can allot a car barking from common area which can be modified after formation of society .
So if the area is under common area it should not be purchased as builder will only allotment you under allotment letter but in case its a parking space and the builder does the sale deed than purchase it will be your area.
One car parking must be the part of the sale agreement but the additional parking if available and sold to can not be registered as a separate property with out the flat.
So the allotment is OK to claim the property but the registration will not be a possibility.
The builder when transfer the society to RWA will provide the details of parkings allotted to the owners.
After the transfer of property to RWA the builder will have no right to sell the parking RWA can give to the residents on free parkings for all or allot on rent
1. The so called ""allotment letter" has only persusasive & consolation value, amongst the mutual executors BUT has no legal value, during any legal dispute.
Keep Smiling .... Hemant Agarwal
Yes as per the Supreme court ruling the builder can't sell open car parkings it is the property of society. You can file Consumer Complaint regarding the same.
The supreme court judgement is clear that the car parking space cannot be sold as separate unit, any such sale is illegal.
The builder cannot sell or make an allotment letter.
Validity of allotment letter for additional car parking space will be decided by the association once it is formed.
Hence you may not be in a hurry to pay for additional car parking now.
