• Procedure for buying a new car park from the builder

Hi All, 
A year back I purchased a 1bhk ready to occupy flat from the builder in Chennai, at that time builder said no car park for 1 bhk residents so we have registered the flat without a car park. Now builder is ready to allot me a covered car parking for my flat, so I am planning to buy a new car parking space from the builder. Builder is ready to provide affidavit for the covered car parking, can affidavit be used as an evidence?, what kind of legal paperwork needs to be done to show ownership, please provide your comments.
Asked 6 years ago in Property Law
Religion: Hindu

12 answers received in 1 day.

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13 Answers

Builder is not selling you car parking slot 

2) he is only allotting you car parking slot 

 

3) allotment letter can be issued by builder 

 

4) if you are buying a slot from builder then insist on registered agreement for sale from builder 

 

 

5) mere affidavit is not sufficient 

Ajay Sethi
Advocate, Mumbai
99835 Answers
8148 Consultations

Car parking cannot be registered show in case builder is providing the affidavit and allotment parking then you can go ahead with that but please make sure that the society has not been taken over by the resident welfare Association and builder have not already handed over the assets after Township to the resident welfare Association

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The builder has to state on oath that he is allotting you a car parking space within the premises of the land where the flats are situated. Moreover a registered sale deed must be made for it as it would be yours for all times to come. A mere affidavit is not enough.

Regards 

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. car parking is an immovable property and hence like a falt it can not be transferred by a mere affidavit.

2. Since dale deed of your flat is already done, for the parking space you need a separate deed of conveyance to be executed and registered.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

No it should be with an registered agreement.  And ideally it should be a part of sale deed too

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

See if it is slit parking below flat same cannot be sold builder can only allot same and in case if society is formed it can change such allotment. So there cannot be no ownership document related to same you can take allotment from builder but purchasing it is not good idea.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No builder can legally allot or sell you any exclusive car-parking slot in a multi-storied residential complex. Car parking forms part of the common area, meant for use of all residents in common, and no one can claim any exclusive right. The builder's offer to execute an affidavit is only a trick to tempt you to take the offer. It is better to form an association and come to an understanding for allotment of car-parking slots.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Builder can only allot you parking space. Execute a separate registered convenyance deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Transfer of ownership is not valid through affidavit but by registered deed only. And don`t forget to take payment receipt.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1. For buying an immoveable property sle deed is required to be registered.

 

2. the builder shall have to register a sale deed seperately for transferring the title of the car parking space.

 

3. The procedure of affirming an affidavit as proposed  by the builder is invalid in the eyes of law.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

  1. Affidavit can be a vital part for any property transaction, but surely not the valid document in itself to prove any property transaction.
  2. You should first get into an agreement to buy the same with relevant important clauses in it which should help both the parties equally.
  3. Then there must be a sale deed after paying stamp duty on it depending upon the area involved in the transaction and get it registered before the registrar’s office.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

The builder cannot legally sell the car parking space by a separate registered sale deed.

Since he will not be selling it without you paying for it, you may ask him to execute a registered rectification deed in which the allotment of car parking space to you can be inserted.

 

Any affidavit in this regard will not be enforceable in law, especially when the society is formed then they create a problem on this since the affidavit or an agreement is not a valid document for allotment  of car parking space.

 

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

1. Car parking is an immovable property, hence it can be sold only through a registered sale deed. Do not buy it on the basis of affidavit..

2. Purchase the car parking only through a registered sale deed.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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