• Parking space

Dear sir, I have recently taken parking space from the previous allottee. But he doesn’t have the original allotment letter of the builder . He has xerox copy of the allotment letter . Allottee is third member from the original allottee by the builder . In this case, how , I will make it legal allotment with the help of society . What document I need to have to get allotment letter from the society to me .
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

See the present allottee should transfer you parking and the society shall provide a NOC to this effect.

NoC of society on such allotment is essential.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Society has power to change the allotment and it can change allotment society has power on undivided common area.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  ANY "sale deed" must compusorilyl and legally should be Stamp Duty paid and Registered,  ELSE the sale deed is null & void.  Notarised sale deed is legally invalid and has no legal value.

2. Check in your Service & Maintenance bill of the Flat. IF the CHS is levying "parking charges", THEN simply write a letter to the Society requesting for confirming letter, regarding the Parking Slot no. that is in their record, against your Flat no.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Ask seller to approach builder and obtain certified copy of allotment letter 

 

2) on transfer of flat society woukd allot you parking slot 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

 

Model  bye laws provide for allotment of car parking by society 

 

registered sale deed has to be executed between parties and not notarised 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Parking or additional parking is always alloted to a person in reference to the Flat... 

Some people sell their parking with their flats some dont 

So no matter if the paper is not original you can always verify the same from builder or the Maintainence office 

Transfer of the parking space should be together mentioned in the deed 

Else you can also make a correction deed as and when required with the old seller. 

 

You can also get an unregistered instrument made with two witnesses and get it notorised. 

Do remember to submit and update your name with the maintainence office 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

Hi,it has to be seen that wether the original allotte can sell the parking space individually and apart from the flat 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

The allotment of letter for parking space will not confer the parking space on the owner since the parking space are owned by the society 

However as the practice is that this parking space was originally allotted to the original buyer and had been transferred to subsequent buyers as a practice, you may be contended with the copy of the allotment letter or insist the vendor to procure the original from his vendor and hand it over to you.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Allotment done on first come first serve basis is not illegal. The members having allotment letters are entitled to a parking space on permanent basis. . Parking spaces allotted by the builder cannot be dissolved by the society.

The parking spaces can only be allotted and not sold.

 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

The Society can cancel all allotments of the builder.

Only society have power to allot parking. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If the said allotment letter is given by builder and parking space is mentioned in sake deed then he is the rightful allotte. Notarised agreement is good.  You can also approach the builder

Prashant Nayak
Advocate, Mumbai
34538 Answers
249 Consultations

1. parking is not sellable

2. it is totally upto the society whether it accepts the parking allotment done by the builder to original allottees or does a reallotment based on the number of flats and car park spaces

3. its better to have the agreement with previous owner registered

4. but first you need to check with the society, through your seller, whether it has accepted the original allotment of parking spaces done by the builder

5. if the society is giving NOC then its ok to for the parking space agreement

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

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