Sir see if it is a slit parking in common area of society it cannot be sold by the builder it can be just allotted and after formation of the society can re allot same. Further if it is garage covered with three walls then only it can be sold. The builder till the time society is not formed will give allotment to you. So you can seek right on that parking from the society and builder without paying any extra cost except if society imposes some minimal maintenance cost.

Builder cannot sell car parking slot as it forms part of common area for benefit of all members

2) hence builders issue only allotment letter and is not willing to enter into agreement for sale of parking slot

3) once society is formed of flat owners it can change allotment of car parking slots

Dear Client,

Parking can be allot via allotment letter and shall be include in sale deed, sufficient transfer of ownership.

But make sure payment only after confirmed parking slot,

Hello,

They are saying so because they are not allowed to sell the parking space separately.

Yes you may go ahead and get the parking space.

Regards

1. If project is registered with RERA, then builder can sell parking space except open car park

2. the sanctioned plans reflecting the position of car parks would have been obtained by builder. So I do not see any reason why the builder is hesitant to mention the car park identification number and position

3. as car park (stilt or covered) can be sold then the same can be stated in a separate agreement which can be registered. The builder's reason for issuing an allotment letter cannot be understood

4. ask the builder to show where on the sanctioned plans the car parks have been earmarked. If builder is not agreeing for a separate agreement that may mean that car parks are not sanctioned in layout in first place and the builder wants to hide that

5. or it may be that by entering into a separate registered agreement the builder would become liable to pay tax on the money you would pay for the car park, which he wants to avoid. And therefore insisting for selling car park on allotment letter by accepting cash from you. Dont agree for the latter

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

1. Well, there is no legal ambiguity of the builder at present makes only an allotment letter or sale agreement with respect of the parking space.

2. In most cases the parking space without demarcation is allotted and alter at the time of delivery of possession a draw of lots is made so as to avoid question of biasness or preferences.

3. So you can proceed to buy the parking space in the manner the builder is asking. There is no problem in it.

if you are paying for fixed covered parking you need to take a confirmation deed for the same in writing. take receipt of the payment and t should be included in your agreement.

You mentioned it that he is not signing a supplementary agreement that's why I suggested you supplementary deed if you are convinced with the builder registering the same with oarjipa space then there is no question remajned. The ideal way is always through the original agreement in which parking space is mentioned or the supplementary agreement to the original agreement.

Parking should have come by default instead of you paying separately for it. In accordance with the concerned building bye-laws, the builder ought to have provided one parking slot per flat.

In any view of the matter, according to several rulings of the Court, parking cannot be sold separately and must be included within the cost of the flat. Stilt parking space is a common parking space available to members of the housing society. 

Now there are changes in apartment laws and apartments cannot be sold out without the parking in this case as you have not opted for the parking you have to pay the parking amount and there will be no separate agreement they will allot parking space for you.

Even in the normal course parking is not getting registered while registration of the flat

Sir even if in the deed the builder allot you parking you cannot be considered the owner of the said parking the society is formed then it can set aside such allotment. So i dont see a reason for paying for purchasing the parking when you can ask them for allotment of same.

you can proceed with the purchase of flat . Builder is willing to issue you allottment letter for parking slot 

do check whether builder title is clear and marketable and has all approvals in place for carrying on construction 

The builder cannot sell the parking space as a separate unit hence he us giving an evasive reply.

You may wait for the association to take over of the apartments/flats after which you can approach the association for allotment of parking space as per rules.

The builder is right that the parking space cannot be sold.

A mention about allotment of parking space in the registered sale deed will not solve the purpose of loan for parking space.

You may have to look for an alternative arrangement.