I've paid for parking and Parking included in sale agreement. Now builder is not providing parking allotment before registration and not agree to mention parking no in DEED.
As per the general practice in the market, the developer, by the agreement of sale, sells only the ‘flat’ and the purchaser has rights in respect of only the flat and no other portion of the building. Section 2(a-1) of MOFA, "Flat" is defined to mean a separate and self-contained set of premises used or intended to be used for residence, or office, show-room or shop or go down or for carrying on any industry or business (and includes a garage), the premises forming part of a building and includes an apartment.
The supreme Court stated that while stilt area may be usable as a parking space but for the purposes of MOFA, such portion could not be treated as garage. For the purposes of MOFA, the term `garage' must be considered as would be understood by a flat purchaser and such person would contemplate garage which has a roof and wall on three sides.
stilt parking space' is not covered by the term `garage' much less a `flat' and it is part of common areas. The court said that stilt parking space/s being part of common areas, the only right that the promoter has is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither a `flat' nor a `garage' within the meaning of under Section 2(a-1) of MOFA, cannot be sold separately.
In the words of the Court : “The promoter has no right to sell any portion of such building which is not ‘flat’ within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.
The car parking is a part of the society's common area which cannot be sold. The developer has no right to charge for this space. In 2010, the Supreme Court had held that developers had no right to sell parking to apartment-owners, including stilt parking.
Therefore it is not a surprise that the builder refuses to include the parking space in the sale deed.