Hello. I'm interested in a flat in Pune. That flat does not have any parking with it. The owner of the flat has two flats there. The other flat of his has a parking with it. He wants to sell me the flat that I like (which does not have parking) along with just the parking of his other flat. In other words, he wants to transfer his allocated parking to me. I have some questions about this. This apartment system has been occupied since 2013, and parkings have been allotted already. Firstly, is such a transfer/sale of allotted parking possible between a seller and a buyer? Secondly, if it is possible, what paperwork will need to be done to get it done. Thank you for your help!
Parking slots form part of common areas for benefit of all members
2)builder can only allot car parking slots not sell parking slots
3) society can sell car parking slots
4) for sale of any parking slot by flat owner society permission would be required
Yes it is possible, in the sale deed it should be mentioned clearly that the flat and the parking of that allocation has been sold by the owner to you.
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hello,
generally, flats are sold along with parking and if there is ample space parking is sold separately too, in case people have more cars. a separate registry can be done for the parking space laying down the area of the parking space and other details.the parking space here is of another flat so a registered deed has to be done wherein necessary details be included and registered in the registrar office.
regards
Thank you very much, all of you! So, a separate sale deed will be required with the Society's permission if I want to go ahead with purchasing that open parking that is allocated to another flat. Is my understanding correct? Are there any caveats here that I should be careful about? Thanks, once again for your help!
If there are no other obligations in sale of the parking space and flat then the seller can sale and the buyer can buy. But if there are some rules in the society/complex/apartment where the flat and parking space is situated then both the seller and interested buyer need to follow those rules.
Society NOC is necessary
Then separate sale deed can be executed for sale of car parking slot
As per my opinion, there is no requirement for separate sale deed as the owner is same.
This is my response to you:
1. You will need to execute a Sale Deed for the flat separately;
2. Also you will need to execute a Sale Deed on stamp paper and notarize it or franking (preferably) for the transfer of parking space;
3. You will need NOC from the society for transfer of flat and parking;
4. Make sure that the procedure is followed so that there is effective transfer of flat and parking;
5. The Sale Deed of flat will be registered but not the sale deed for the parking.
Sir for purchasing allocated parking to different flat a separate sell deed can be done or further the seller shall have right over the parking and it should have been purchased and same time alloted by the society and is valid.in society by rules
Further a noc for such sale of parking is required from the society as society can take objection in future and can change allowed parking.
hello,
if the flats have parking included in the price of the flat, you don't have to pay anything. but if the parking was not included in the price of the flat then you have to pay for it. in any case it should be a registered agreement specifically stating that the parking belongs to you.
regards
Thank you, everyone! One more bit of information here. The parking that he is willing to sell to me is the only parking that he has for his other flat. He does not have multiple parkings for his other flat. So, if I get a separate Sale Deed for that parking, would he have to make amendments to his Sale Deed which he had with the Builder for the apartment with the parking? In other words, if he sells me the only parking for one of his flats, won't there be some changes required in the Sale Deed of that flat? If not, tomorrow he might demand a parking from the Society based on his Sale Deed and that dispute may come to me since I would be using the parking allotted to him by the builder. How to ensure that he doesn't do this later?
No amendment in sale deed is necessary
2) got owner had parking slot which he is selling to you with society consent
3) society can grant conditional approval that he would not seeek any other parking slot in future
the allotment of car park with the flat under the sale deed between the builder and your seller will be superseded by the subsequent sale deed between you and your seller for the car park with permission of society
so the seller will be bound by the sale deed for the car park with you and cannot rely on his original sale deed with the builder to claim the parking sold to you from the society
hello,
the sale deed of the parking would be registered and necessary changes have to be made.it is true.
regards
No changes in his agreement is required as he shall make se of parking referring to the old agreement and deed of his flat he made with builder.
Further first a registered sell deed and further a Noc stamped from society stamping that he shall not claim parking from society can be taken