1) is agreement for purchase of land duly stamped and registered
2)registered sale deed is necessary to confer title to land
3) necessary to peruse said agreement to advice
Land with stamp paper from builder not registered
20 years back , Mr Chari purchased a flat from builder in one gated community colony after 2 years i.e 18 years back Chari purchased 10 square yards open land for carparking by paying 70k to builder in a stamp paper under the gated community primises. While he tried to register that car parking, the community association is oppoed , stating all the open lands within the community will belong to them only not to any single person. Now after 18 years I am Mr John purchasing the flat from Chari , though the flat is registered , can I take advantage of that 10 yards of land by taking legal action against community by showing stamp paper from builder. Any hope to proceed , please let me know. Thanks
Asked 7 years ago in Property Law
Religion: Hindu
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17 Answers
You can try the same if he had paid the consideration
See you can just have right on said property you can park your car there if the community goes to court you can defend same.
Since common land belong to gated community you can site possession and stamp against them but based on stamp only it will not be wise to file against society.
Dear Sir,
Now it is settled law that car parking space can be registered overruling the objections raised other people. You may get issue a legal notice and if necessary approach civil court and accordingly you will win the case.
Dear Client,
Open parking comes under common area and can not be sold. Get it covered/garage than can purchase it.
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.
the land sought to be acquired by the seller for car park, actually comes under common areas over which only the association has a right
so you will not be able to make any use of the document executed on stamp paper by builder evidencing receipt of money for the car park land from the buyer
the buyer paid at his own peril and risk
just because he paid to the builder, does not mean that he can have a claim on the common areas which belong to the associaton
Generally, land is common to all. legally it is called Un divided Share (UDS). Even car parking also belongs to entire community, but to regulate we allot the parking to individual owners, it dosent mean that place owned by that owner. he can use. Sameway 10 sq yard also can be used for life time.
1. Little more information is required for properly answering the query.
2. What was the total landed area specified in the sale deed which was registered 20 years back by Mr.Chari as the area on which the complex has been constructed?
3. Was there any area left after selling all the flats with their specific undivided share of te total area specified in the sanctioned building plan while constructng theb said complex?
4. If there was no area left for sale by the builder then the said purchase by signbing on stamp paper is invalid. Otherwise also the sale is invalid for want of registered sale deed for the said 10 sq.yds. of land.
5. Mr.John will have no legal claim on the said land of 10 sq.yds. after he purchases the flat from Mr.Chari.
The unregistered sale deed is not valid in law.
The reply given by the association is right and perfect because all the common areas come under the control of the association and not owned by any individual.
The stamp paper sale of proeprty with it being registered is not valid in law and cannot be forced in law, hence you may better look for some other option in this regard.
That is actually not a open land under colony premises, the builder arranged iron shed for parking in colony area marked with numbers associated with flats , means out of 100 flats 10 flats paid for parking to builder.
Asked 7 years ago
Dear Sir,
Any transfer of immovable must be by way of registered document only. In this case your vendor perfected his title by staying their for more than 12 years. He must get some title deed on the basis such continuous adverse possession otherwise he cannot sell the car parking place to you legally. Ask him to file a suit for declaration to declare himself as owner of such place by way of adverse possession.
See you can file a declaration suit if the said area is not given to the society with registered deed and is separately shown then your claim can succeed and you can based on evidence of stamp can seek declaration of your ownership on same.
It is the duty of the builder to provide parking space to the flat owners, but he cannot sell the parking space.
The car parking space becomes the part of the property i.e., common area coming under the association
Let them oppose you start using the same
it is your case that parking slot was sold by builder to seller
2) Supreme Court has held that parking slots form part of common areas for benefit of all members
3) builder cannot sell parking slots
If covered than can be purchased.
1. The most important point is what has been mentioned in the sanctioned plan and also the sale deeds. Has the total area been shown in the sanctioned plan for construction of the buildings and was there any mention of construction of parking shed? If the total land mentioned in the sanctioned plan is for construction of the building, then the remaining area is common area proportionately owned by all the flat owners on which the builder can not make any further construction.
2. If the said parking shed has been mentioned in the sanctioned plan, then it can be sold by the builder.
3. In an case, you can not claim the said parking space since there is no registered sale deed for it.