• Car parking details should be mentioned in sale deed

I have purchased a flat in CGHS in Dwarka.Mr A had sold the flat to Mr B vide spa gpa and agreement to sell in 2005,by mentioning car parking details.Mr a has been alloted car parking stilt i.e garage.Mr B has executed conveyance deed in that car parking details not mentioned.we have executed sale deed now with Mr b.and we have not mentioned any car parking details. Now how can we add car parking in our name .can rectification deed be executed if both the parties agree for car parking
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

1. Without mentioning a part of a property in the sale deed , it would not be considered to have been transferred.

2. The deed of modification will not rectify this defect either.

3. You will have to get a fresh deed executed and registered with respect of the parking space.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hello, 

1)  As the first sale agreement has description about the stilt parking,  you can add those details in a rectification deed that must be registered. 

2)  Besides agreement of both the parties,  you must get the approval from the registrar for rectification as there would be a change in the area with the addition of the car parking. You will also have to pay the applicable stamp duty. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

There is no sale of car parking slot to you 

 

parking slot has been allotted to you 

 

on sale of flat have to apply to society to allot car parking slot

 

bo need to execute rectification deed 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

Yes a rectification deed can be made or alternatively separate.deed if the car parking is garage like structure.

Future if it is allowed car parking the seller can get NOC from CGHS and transfer allotment in your favour.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.

Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes through rectification deed or separate agreement specigying the context of agreement to sale

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Not rectification deed but fresh addendum deed to sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

legally if the car parking space in in stilt of the building then it comes under common areas of society and cannot be sold

that may be the reason why in conveyance deed in favour of B, the car parking is not mentioned

if the society is giving its NOC for allotment of car park space to you, then you can sign and register a rectification deed with your seller by paying additional stamp duty on the car park

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 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.  Further immovable property deals based on SPA /GPA is legally invalid according to a Supreme Court judgement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can ask your vendor to execute a registered rectification deed to add the stilt car parking space in the registered sale deed which was available ion the original sale deed in the name of A.

This would ensure you the rights for car parking space.

T Kalaiselvan
Advocate, Vellore
89996 Answers
2496 Consultations

  1. There has already no mention about the car parking details when the property sold to Mr. B, and so none has been mentioned in your documents also.
  2. If the same (car parking area) was the part of the area mention in the documents executed by A in B’s favour then it may not be required to get the consent of A also when going for the rectification deed.
  3. But, if the area is separate in the details mentioned therein then you may have to take the consent from both, Mr. A and Mr. B.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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