Extra car parking advice required
I have bought a flat in Pune in 2013 & it was registered at that time only. Per my agreement, i am entitled for single covered car parking. I was asking my builder to give me double covered car parking so he told me that once all bookings are done then we can give extra parking if available. Now since i got the possesion, the builder has one double covered car parking available for which he is charging some money (only cash). Is their a way that i can get double covered parking legally like having a correction deed or something. Appreaciate your help.
Asked in Property Law from Pune, Maharashtra
Unless and until the builder transfer the extra parking space in your name you cannot force him. It seems he is taking rent for the extra parking space.
Ask him to make sale deed in regard thereto in your name. Unless and until that happens you have to satisfy yourself with the tenancy arrangement.
1) builder has no powers to sell car parking slots .
2) car parking slots form part of common areas
3) the reason why builder is demanding cash is he knows that sale of car parking slot is in violation of court orders
4) dont buy the slot
You can avail the space only as prescribed in the sale deed. If any space is available then purchase by creating a new purchase deed.Up to that time he will ask rent for the extra parking space used by you.
A builder is not authorised to sell the car parking slots since forms a part of common area however it is advisable to get another purchase deed made to avail the parking slots from him.
A. The builder has no power to sell the car parking slot as per the latest Supreme Court Judgement due to car parking slot would be treated as part of the common areas.
B. In case, if you purchase the additional car parking area by entering into separate Sale Deed it may be challenged by the other flat member or Association before the Court.
1. If the agreement provides for a single covered parking then you do not have the right to claim double covered parking.
2. Correction deed is executed only when there is a factual error in the deed. There is no error in your deed as according to your own statement your agreement provides only for a single covered car parking.