• Partition deed and car parking

Hi 

In 2006 I bought an apartment (1132 Sq. Ft) in Kolkata with a covered car parking space of 120 Sq. Ft. for which I paid separately 60000 INR. 
I had a Sale Deed first and afterwards I did Registrtion by paying the stamp duty. 
In the Registration Document, even though it was clearly mentioned that I am buying 1132 Sq. Ft. flat and 120 Sq. Ft covered Car park, it was not mentioned in the Schedule section.
Now when finally all the owners have taken up residence, we decided to go in for a Partition Deed to finally own the Land on which the building is standing.
The lawyer who is doing it for us is refusing to include "120 Sq. Ft. Car Parking space on the ground floor of the building" against my name in the Partition Deed. He is saying that even though it is mention in the Registration Document, it is not specifically mentioned in the Schedule section of the Registration document.

My questions are -
(1)Is he right in doing ?
(2)If not, what kind of legal reference or precedence I can show him, so that he makes the appropriate changes
(3)If he is right, what are my legal options ? 
(4)Also, if it is not mentioned in the partition deed, am I loosing my right to "120 Aq. Ft. Covered Car parking" 
(5)Will the absence of the "120 Aq. Ft. Covered Car parking" in partition Deed create further legal hassle if I want to sell the flat along with car park in future

Thanks in advance.

Rgds
KS
Asked 2 years ago in Property Law from Kolkata, West Bengal
please note that builder has no powers to sell the car parking slot . as per Supreme court judgement parking slots form part of common area and builder has no power to sell  t he car parking slots . once society is formed of flat owners society shall allot car parking slots as per provisions contained in bye laws adopted by society . 

so although you have paid the builder for covered car parking slot it can always be challenged by society . forget about selling of flat with covered car parking slot
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
even before supreme court judgement there were other judgements of bombay high court that builder has no powers to sell car parking slots in fact SC judgement  arose on account of appeal from bombay HC judgement which held that builder has  no  powers to sell the car parking slots .
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
it all depends upon number of parking slots in society . if more members than slots then allotment of slots will be done by society by basis of lottery on annual basis . the bye laws adopted by society contain detailed provisions regarding allotment of car parking slots to members of the society
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
1. Builder cannot sell car parking slots in view of the SC ruling to this effect as it forms a part of common area. If parking has been sold by the builder by charging a price then it is illegal, and the same can be challenged in a court of law.

2. The SC ruling might have been passed in 2010 i.e 4 years after the sale deed was made, but the action of builder can still be challenged in court.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Your lawyer has rightly refused to include the car parking space against your name in the partition deed. Under no circumstances you can sell 120 sq.ft of area reserved for car parking as it forms a part of the common area.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
change your lawyer if you are not satisfied with his services . maybe lawyer is not aware of the judgments of various courts on the issue of sale of car parking slots .
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
This is strange. Has it been mentioned in the schedule attached to the deed of other residents?
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
All the members of the owners association has joint undivided right over the common covered parking area irrespective they paid extra for it or not. You can mention that in the Deed. 

Owners Association can allocate the parking area for each owners on rotation basis or permanent basis.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
No purpose is going to be served by including the parking area in the deed as it cannot be sold by you. So go along with your lawyer on this.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
if other residents have no problem in inclusion of covered parking slots in the partition deed it should be included to cover your case also . since it is mentioned in second page of your sale deed and the said document is duly registered partition deed should mention your parking slot too . in the alternative request builder to prepare deed of rectification to mention it in your schedule . agree to pay the charges for the same
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
thanks for your appreciation .
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0