• Car parking

I am a flat owner and got the flat registered in my name. Builder has given receipt for car parking. Is it necessary for me to register car parking. What is the procedure. Kindly advise.
Asked 7 years ago in Property Law
Religion: Christian

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17 Answers

Car parking space cannot be sold.

It is illegal to sell the car parking space separately.

You can ask the builder to execute a registered sale deed for car parking space.

He will not do it 

However you can utilize the parking space allotted to you.

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

Builder must have allotted you car parking a lot 

 

2) registration is not necessary 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

Dear Client,

Without valid sale deed, ownership do not transfer. Builder has taken the payment but without registration, no title own.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

See builder cannot sell open car parking if it is closed garage then only he can sell it as slit parking is part of common area. So the parking area is just alloted and in case society is formed it can change allotment even registered.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can mention same in the sale deed along the flat.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Enter into separate agreement fir car parking slot 

 

obtain NOC of society for sale of flat and car parking slot

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

Include it in sale deed and stamp duty .

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The car parking is the part of the flat and is not registered so in case you transfer your property at the same time there car parking will also be transferred to the new owner

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

once NOC is issued society is bound to transfer flat and car parking slot. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

No need to register car park

You can directly sell to buyer with the flat

Yusuf Rampurawala
Advocate, Mumbai
7905 Answers
79 Consultations

As parking space cannot be sold, you may have to silently sell the same without mentioning the same in the registered sale deed.

 

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

Dear Sir,

The recent tendency is that even the car parking place has to be mentioned and registered as one of the schedule in the Sale deed.  You may get a rectification deed accordingly form your builder and sell your apartment along with car parking place.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have a flat including the parking space for which you have a receipt also.
  2. I believe registration has been done in your name irrespective of the fact as to whether it contains the details of the parking space or not.
  3. You can go for the sale of flat in future including the details of the parking space to be transferred along with the flat as it would be help ful for both the parties, though you need not to worry about for he present time as you have receipt for the parking, and in common parlance if others are having parking space then you would also get the same, until there is may document which says that you have relinquished your portion of parking to someone else.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) If you have in writing agreement from society that of car parking same can be sell to new owner of flat  and take NOC from society and in sale deed you can mentioned parking clause as well.

 

2) If you need sale deed with sale deed with car parking clauses I can prepare for you with nominal charges.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Just add as one more clause in the sale deed that car parking also gets transferred to him as allotted by the builder with some labelling etc. no seperate registration for car parking as it is actually UDS

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

1. Open /Stilt /Podium Parking spaces are all classified as "common open spaces" under the Regional Town Planning Act and CANNOT be Sold or Purchased or Registered . Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence.

2. Flat-Owner can claim a Parking Slot, AFTER the Society is registered, from the Society or by filing grievance petition before the local consumer court.

3.  Flat MUST be sold alongwith the related and allotted Parking Slot.  IT cannot be sold separately.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Builder give you the registered agreement for the same

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

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