My builder have allotted a parking along with the flat stating "Parking is allotted with said flat" in a separate builder letter head. Builder refused to mention parking number or location of parking in the allotment letter but builder have provided me parking under the building with flat number mentioned above it. I have been using the parking space for last 5 years without any issue. Now I am selling my flat and buyer wants me to mention parking number in the transfer letter. 1. What will be the legal risk in mentioning parking number? 2. What should be the format of parking transfer letter under these conditions?
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1. You can definitely mention the parking no. (but without consideration) in the Sale Agreement of the Flat. This is more so since the Society records for parking allotment file, would be showing the allotted parking slot no. against your flat. There is nothing illegal about it, provided you should mention in the agreement that parking no. is transferred to the new buyer without any monetary consideration.
Keep Smiling .... Hemant Agarwal
No need to give/issue any such letter. Any parking slot which has been allotted/assigned against your flat, will automatically pass on to the buyer. It is the RWA/Builder(in case the Resident Welfare Assn. has not been formed till date), which maintains and manages and parking in the open and the stilt floor. No need for you to issue any transfer letter because you do not have the authority to issue any such letter.
Builder has not sold car parking slot to you merely allotted parking slot
2) it is for society to allot purchaser car parking slot
3) don’t mention it in sale deed
In addition to above question, Society do not have any record of parking allocation as builder have not provided any such record. Payment for parking was done in cash and no receipt was provided for the same. Note: Parking is not allocated by builder to those who have not paid for parking.
1) Parking allotment should be in writing and registered than only you can sell the parking lot and alignment of parking to your flat it should have link in it.
There is no evidence for sale of parking slots by builder
better approach the society for allotment of parking slot to buyer
1. You can mention that you are giving your allotted.parking along the flat though you cannot sale it and ask for consideration in lieu of same.
2. You can write a letter stating that you were being alloted so and so parking with letter dtd. so and so from builder now you are transferring same to buyer as he purchased the flat.
Sir society can change the allocation after transfer also as.it has the power even you paid for it.
1. DESPITE, the above it would be legally safe to mention the Parkiing slot no. in the new Sale Agreement, PROVIDED you do not mention any monetary consideration for the Parking.
As per the law he should allocate parking to each flat. In your case he should allot you the registered parking deed in which such parking should be allotted. If you doesn't have the same on what basis you will include the same in your deed for sale of flat. That will create issues for next buyer who purchases the flat
The parking spaces can only be allotted and not sold. The members having allotment letters are entitled to a parking space on permanent basis.
1. You cannot make any additional recital in the sale deed other than what original sale deed has.
2. You can hand over the allotment letter you were given by the builder which will be sufficient.
You hand over the allotment letter given to you.