• Apartment builder slotting more than one car park to landowner

Can a builder and landowners agree upon land owner getting more than one car space at the time of development.the apartment we live in has 4 extra car park spaces one is under association and three are allotted to land owners who already has car parking along with their flats.meaning for one flat they got 2 car parks.When we approached the association they say that such agreement has been done prior to the construction.is it even legal
Asked 7 years ago in Property Law
Religion: Other

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13 Answers

1) development agreement between builder and landowner for development of plot would be binding upon parties 

 

2) as per terms of agreement landowners can have more than one parking slot 

Ajay Sethi
Advocate, Mumbai
99882 Answers
8150 Consultations

The builder at time of making the agreement of joint development can keep such clause and further all the owners and association can be intimated of same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

Such agreement was prevailed before you purchased the flat and it will be assume that this was agreed to you. IF it is open parking than comes under common area and hence such agreement is not valid. One cannot get specific right in common area meant for use of all members.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

In accordance with the Apartments Act, car parking slots available in any society, constitute a part of the society's common area. Going by this, the landowner and the builder/developer could not have pre-decided  on the issue of allotment of car parking slots.

Take this up with your RWA, and in case they fail to redress the issue, you will have legal remedies at your disposal. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) If in redevelopment agreement it's mentioned that car parking goes to owner a certain amount of share than owner has rights on it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It depends on the devlopment agreement with builder. 

Prashant Nayak
Advocate, Mumbai
34596 Answers
249 Consultations

If it is mentioned in the development agreement signed between the builder and the land owners and duly executed,  then it will be fully binding  and enforceable in the eyes of law.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Yes, this agreement is legal reached prior to the construction, if not then also it is legal because the parties reached to the terms and conditions between them for a work to be completed in true meaning of the spirit.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Yes. It is a part of consideration of sale of land and valid in law.

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear Sir,

If any of the the inmate of apartments is not getting car parking inspite of his demand then it is an issue to be decided by Deputy Registrar of concerned department.  You can raise question in the general body meeting to cancel such arrangements may be prior to constructions because the apartment will be constructed with an intention to give welfare to the residents equally and at the cost of residents the owner cannot enjoy.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If said agreement done between builder and landlord then it is valid. 

Mohammed Mujeeb
Advocate, Hyderabad
19348 Answers
32 Consultations

Has the said parking lot been sold to them or they have just been allotted without any consideration ? 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The agreement entered between the landlord and the builder on this before the construction may be held valid since it was the original terms and conditions between they both.

However on perusing the copy of the agreement more proper opinion can be rendered.

 

T Kalaiselvan
Advocate, Vellore
90083 Answers
2502 Consultations

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