Respective sir, I have purchase flat with car parking space from first investor on December 2016 when society was not formed. The first investor purchase the flat from the builder in the year 2013 and the Builder issued them car allotment letter in the year 2015 mentioning the flat number in the allotment letter. the first investors sale agreement there is nothing mentioned for the cars parking space in the agreement but the Builder has given them car allotment letter in their letterhead. We purchase the flat from first investor and the first investor given us the original car allotment letter still in their name as they say that the car parking space is not Transferable it goes with the flat. Now recently one flat owner claims that he is the owner of the car parking space who purchase a flat from the builder in the year 2016 and car parking space is mention in the sale agreement with the Builder without the car allotment letter. We are utilising the space from past 3 years. my question 1) can the Builder has a right to sell the car parking space to two people one in allotment letter and other in regeistered sale agreement. 2) we are having the original car allotment letter which was issued in the year 2015 and the other party claims that the car parking space was registered from the builder in the year 2016. How can the Builder sell the car parking space in the year 2016 when he does not have the parking space with him i.e which is already given to some one else on first cum first serve basis. Now other party says that he will go to the court and give us legal notice to vacant the parking space. Even we want to to settle the case CE in legal Court please advise who has the the chance of winning the case. Also advise this society is forcing us to vacant the car space as the say that the agreement is valid and the allotment letter is not valid. Does a society have any right to force us in getting the car out.
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1) if builder has allotted car parking slot he cannot sell slot to another flat owner
2) builder cannot sell car parking slot as it forms part of common areas
3) send reply to legal notice
4) no need to vacate parking slot
5) society can reallot car parking slots
1. Car parking in common area cannot be sold if it is allowed your flat it cannot be given to other person
2. Sir the court will not entertain his request your allotment letter is of prior date then to sale agreement and further agreement is just understanding it is not registered sale document.
Society cannot force you though it can reallot the parking.
No society can not say anything unless disputes is settled in court.
It is a forgery sale. File police complaint against the builder. You can file both criminal case for forgery and civil case for clear title possession and compensation.
1.Builder cannot sell car parking slots. It forms part of common area and cannot be sold by builder.
2.The Society can cancel all allotments of the builder.
1. No he can't.
2. You can go against builder in consumer court. Dont vacate you go to court against the buider on basis of original allotment letter
Hi,
As per your input, the builder seems to have committed fraud upon the first investor or the first investor might have committed the fraud upon you through the medium of that letter. It is so because there should be clear mention of parking in sale deed. You are suggested to send notice to your seller and the builder for ensuring parking to you and you should mention all the relevant facts.
1. A property can be sold to only one person and not to two different persons at the same point of time.
2. The agreement which was made in prior of time has better right than the subsequent agreement holder.
Since you have prior allotment letter continue to retain the possession over it and to avoid untoward incidents as regards its possession file a case before the consumer forum against the builder and seek injunction apart from making a sale deed in your nae along with payment of damages and compensation.
1. builder did not have any right to sell the car park, either under allotment letter or under an agreement
2. car park comes under common areas which goes to society on conveyance
3. so even if the person says that the car park is mentioned in his agreement, that does not make his case any better
4. here the builder has cheated both of you by selling the car park, which in first place he had no right to sell
5. you have to file a case against builder for recovery of your money
6. also since the parking is sold to two persons, the person to whom it was first sold should get the preference. It does not matter that the parking was sold under allotment letter. So society has to allow your claim before the claim of the other buyer for whom the parking is mentioned in agreement
Dear Client
Even society cannot validate the agreement of other party and disagree on your allotment letter.
My suggestion is that you should fight for re allotment of car parking space through society association. By this all the allotment by builder will become null and void whether registered or only by allotment letter and there will be fresh allotments.
1. The builder cannot sell the car parking space as a separate unit to anyone.
2. The solution to this will be with the association which is the actual owner of all common areas of apartment premises including car parking space.
Since car parking space cannot be sold, you dont leave the parking space allotted to you and which is under your possession, let the other party go to court or any legal forum where you can argue your points on merits.
Let the society answer the same point in the court also, because the society cannot give such an irresponsible answer to court.
