promoter has no powers to sell car parking slots . it forms part of common areas . for mutation costs only local lawyer can guide you
Flat mutation @ Purbalok, Kolkata + Garage Space
I am having a 850 sq. ft. ready to use flat at Kalikapur (Purbalok) near Metro Cash and Carry, I just want to know what will be the expected cost for its mutation + In my deed, there is an instance for Garage space, but actually Promoter saying no Garage is allocated with this flat, how can I chase him? Please Suggest ....
Asked 10 years ago in Property Law
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Sir, I am refining my Qs: Q1. There are some lines written in the Flat Deed, which are: [ ALL THAT one self - contained flat on the third floor at south side measuring a super built up area of 860 sq. ft. more or less consisting of two bedrooms, one living room, one kitchen, one balcony, two bathrooms / toilet together with the proportionate share and right to use in all common areas, common amenities and facilities in the building further together with the undivided , importable, undemarcated proportionate share and interest in the land underneath the building and one car parking space in the ground floor. ] So my Q is, Doesn’t it means that my Possessions are the Flat itself and also the (Car Parking Space )? If yes, then what should I do/ talk to promoter so that I can have that Car Parking Space enlisted to my name as the Promoter didn’t ever assigned me the car space when I bought this flat (actually I was not aware of these legal writings then, and now I feel that promoter has cheated me a bit by NOT giving my car parking allotment). Q2. Can I do the mutation without taking help from promoter / ex land lord / flat owners? What would the procedure then? Please guide me …
Asked 10 years ago
promoter has no powers to sell car parking
1) yes it would include car parking space. but problem is legally builder cannot sell car parking space . hence although there is provision in agreement you cant be sold car parking slot by the builder .
2) contact a local lawyer .
Then.... who will give me my car parking slot? also, do I need to pay money again for that or it is included in the total money I invested to buy that Flat?
Asked 10 years ago
plz suggest .. waiting for your valuable answers..
Asked 10 years ago
if cooperative housing society is formed of all members then society will allot car parking slot .
you can move consumer forum against builder . that he has charged you for car parking slot to refund money paid for the same .
who has the control over parking issue
Selling the car parking area is beyond the realm of legal authority of the builder as it forms a part of common area. Any provision in the agreement to contrary needs to be interpreted in consonance with the law.
Car parking will be allotted by society after its formation. You may move to court to recover from builder the amount he charged you for selling the car parking and also damages plus the cost of litigation.