• Builder Floor - Stilt Parking

Dear Legal Advisor:

I would really appreciate some guidance with preferably legal citing on my questions below:

1. Can an area of a stilt parking (on a property with four builder floors in South Delhi, India) be sold separately to any of the floor owners? Or is stilt parking considered as part of the common area and hence, is equally owned by all floor owners?

2. If my registration papers (as well as map) do not mention construction (portable cabin) over my underground water tank and the registration papers of another owner, who purchased the floor after myself, mentions the same, then what legal rights do I have to request for the removal of the same? The other owner claims that (s)he has paid a certain amount to the builder to to purchase the respective area and hence, I cannot question the same. 

3. My property has multiple main gates, which allow vehicles to move in and out. That being said, can any owner claim the rights to the parking spot just outside the premises of the property by the virtue that the entrance allows only one parking spot, which has been assigned to him/her by the builder?

4. What legal rights do I have collect unpaid property tax from my builder for the timeframe prior to myself taking ownership of my floor?

Thank you.
Asked 3 years ago in Property Law
Religion: Other

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14 Answers

Hi

In respsonse to your post:

1) First check your Agreement, for details / description of the stilt parking.  The same give you clarity.  However, if it is silent then, it is meant for common purpose.

2) Portable cabin is unauthorised construction, if it is not captured in your approved plan / permit then it can be got demolished through Department.  Stilt parking is meant for parking of all the owners of the apartment. 

3) No, outside premises is not the property of your builder / apartment.  You cannot claim any right over the same.  As far as parking is concerned, if it is safe to park there, yes you may go ahead park vehicle there.

4) Here also check your Agreement's terms and conditions pertaining to property tax, for example:

                 - If you get the property registered in your name on 9.08.2019. 

                 - How are you liable to pay any duties to the department prior to 9.08.2019 during which time you are                       not owner

 Thus, going by above point, you need not pay property tax prior to property transferred in your name.

WORD OF CAUTION:

  #  About Point No.4 above, read and understand the said clause in your Agreement about its implementation.

Good Luck.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Stilt car parking forms part of common area for benefit of all members 

 

2) builder cannot sell car parking slots 

 

3) portable cabin construction is illegal and cannot be sold by builder 

 

4) complain to muncipal corporation against illegal construction 

 

5) builder can allot car parking slots but not sell parking slots 

 

6) builder is bound to pay property taxes prior to sale of flat to you . Sue the builder to recover your dues 

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

- The right in proerty for the purpose of usage and ownership of any area depends upon the BBA clauses.

- There is possibility that BBA doesnt share the mentioned area into common area and simultaneously sold to other owner.

- You shall be required to do due diligence on common area periphery and other area commercially same, same can be obtained by the builder.

- Beside, reference to property tax if the same comes to perview of builder and builder is not paying the same, a case can be filed with RERA-DELHI and a serious cognizance can be taken agaisnt builder provided all evidences are provided timely.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
750 Answers
6 Consultations

5.0 on 5.0

1. It cant be sold as per the supreme Court judgement being common area. 

2. You need to approach the sanctioned authority of your plan to do so. 

3.It depends on the managing committee decision which can be challenged if illegal. 

4. You can ask him to deposit the same to the municipal authority for the unpaid period

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

1. Can an area of a stilt parking (on a property with four builder floors in South Delhi, India) be sold separately to any of the floor owners? Or is stilt parking considered as part of the common area and hence, is equally owned by all floor owners?

if this project is registered with RERA, then after coming into force of RERA, stilt car parking space can be sold by the builder but not open car park space. If you check the model form of RERA agreement, in that, aside from the sale consideration for the flat purchased by buyer, there is a separate para for consideration paid by buyer to builder for purchase of stilt car park space. The buyer can purchase more than 1 stilt car park space. However in my opinion, that does not mean that the builder can sell all the stilt car park spaces to a single buyer, when there is no open area for car parking. That can never be intention of the legislature, that is to deprive other buyers who did not purchase the stilt car parking, and who would then have to be on the mercy of a single purchaser who bought all the stilt car park spaces. However if in the sanctioned building plans, there are more car park spaces than the number of flats, then the builder can sell more than one car park space to a single buyer. However as beforestated he can in no circumstances sell any open car parking space because that comes under common areas which would belong to the society when formed.

2. If my registration papers (as well as map) do not mention construction (portable cabin) over my underground water tank and the registration papers of another owner, who purchased the floor after myself, mentions the same, then what legal rights do I have to request for the removal of the same? The other owner claims that (s)he has paid a certain amount to the builder to to purchase the respective area and hence, I cannot question the same.

for this you need to check whether the builder amended the building plans and got approval for the same. Apply to the Municipal Corporation to provide you with certified copy of sanctioned building plans. If the portable cabin is not shown on the plans then that means that it is an unauthorised construction against which you can complain to the Municipal Corporation to demolish the same

3. My property has multiple main gates, which allow vehicles to move in and out. That being said, can any owner claim the rights to the parking spot just outside the premises of the property by the virtue that the entrance allows only one parking spot, which has been assigned to him/her by the builder?

i need you to elaborate more on this point. In my opinion no member can claim exclusivity over the parking space which is outside the premises of the property because that space would either form part of public road which then becomes property of the local body or that space may be a part of the common areas as shown on the building plans and such common areas are to ultimately be conveyed to society of flat buyers which can then assign such spaces to its members either on rotation basis or otherwise with consent of all members.
4. What legal rights do I have collect unpaid property tax from my builder for the timeframe prior to myself taking ownership of my floor?
if the project is registered with RERA, then file a complaint with RERA authority since the builder is liable to clear all outgoings before he sold the premises to you

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Open parking is part of common and shall be owned and use equally by owners of flat. Such sale is illegal. Builder fooled him,

3 - decides by owners by discussion and it must be in sale deed that seller shall be responsible for any previous dues and also declared in sale deed that property is free from any encumbrance and dues.

Issue notice to builder to recover, if not paid than you can approach court for recovery.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Slit parking is part of common area and it can be allotted not sold.

2. See you cannot ask them to remove from his document you can ask from builder to make a rectification add same in your document. 

3. See outside the gate the property is not of builder and society so nobody can claim right over same.

4. You have right to recover the property tax you can file suit for recovery of same. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1.  Stilt /Podium /Open parking are classified as Non-FSI "common open" parking spaces and it cannot be enclosed /encroached in any manner, by anybody, whatsoever.

2.  For the other mentioned grievances, the remedy lies in filing a grievance petition before the local Consumer Court, for necessary directions, costs, damages, compensations etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Parking spaces in flats (includes open/ stilt/ podium/ basement or any other that is not enclosed on three sides) cannot be termed as ‘garages’ and therefore cannot be sold separately. 

2. The builder cannot sell the common area of the building. Even if z cell is made by the builder it is deemed to be illegal for which a complaint can be made against him.

3. No

4. You can send a legal notice to him to recover such costs borne by you. If sale deed has been registered, you cannot legally claim it.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

It's illegal to sell open parking areas. Stilt parking spaces (open parking areas) are not builders' property and it is not attached with the apartment. Stilt parking spaces are meant for only public use. Selling this space by the builders is truly illegal. 

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Stilt parking area cannot be sold separately to any of the flat owner because it is common area of the building hence belong to everyone equally.

2. If the area is registered to another owner then you dont have any legal right over that area. But you can challenge his registration on ground that this area has you underground water tank so it can't be sold to another person for construction over it. 

3. Yes he can claim the spot outside his parking gate because no other person can block his way for parking.

4. You can serve him a legal notice to clear the dues prior from your purchase of flat. There must be indemnity clause in your agreement. So under this clause builder has obligation to clear previous dues for the flat and provide you NOC for the same. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Stilt parking is not considered as part of the common area for which it can not be claimed equally by all the flat owners. It can be sold separately mentioning in the sale deed.

 

2. What has not been mentioned in your sale deed and/or the sanctioned construction plan can be demanded to be removed by you. from your area purchased by you.

 

3. Question is not clear. However, parking space/spot is ordinarily  marked and mentioned in the sale deed for each flat buyers.

 

4. You should have made him the payment after ascertaining that he has updated all his dues. However, you are liable to pay the property tax after acquiring the title of the property legally. Pay the same accordingly.      

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. Car parking areas in the apartments cannot be sold, they come under common areas of the association.

2. You can very well question if your rights are infringed or deprived or your space has been encroached.

3. This is a practical situation, if the owner parks his vehicle outside the gate then how can a owner claim his rights over the public place where the vehicle has been parked.

4. You can issue a legal demand notice for the taxes paid by you for the period during which the property was not purchased by you and it was with the builder.

 

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to know to the answers for each question separately.
  2. Stilt parking is the area which has been commonly used by all, but yes, if someone wants to relinquish their right to use the same then they can by entering into an agreement with the person who want to get the same.
  3. This can only be done if other person has paid for the stilt otherwise no need of an agreement just relinquishment by all.
  4. Even If other has paid for the same then also it can’t be done without your consent if the same has not been part of your document.
  5. No, general entry from multiple places, does not mean that it can be parked in front of your gate as it would be nuisance for you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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