You can but ownership issue will remain. As per title deed, you owns parking mention in it and through builder letter head allotment, ownership dose not transfer.
Better execute rectification deed and change the parking no.
I bought a flat in Noida and flat is registered in January 2019 with demarcated covered parking number in building basement with below wording registry paper: "That the usable rights of one dependent Car Parking Space No. XXX on UB in the parking bay for the Sub-leasee is made available inside the complex/project and the sub-lessee agrees that car parking shall always be treated as integral part of the abovesaid unit / apartment and the same shall not have any independent legal entity detached from the said allotted unit. The Sub-lessee has been explained that the said dependent car parking shall be used by the Sub-lessee as per terms and conditions of the Maintenance Agreement executed between parties separately." Now i want to change parking slot in basement itself for little bigger one for which builder is in agreement and said they will allot different parking slot through company letter. In view of this i have following question; 1. Whether i can change covered parking post registration of property? 2. Company letter of new parking slot instead of existing serves legally post registration of property? 3. Can i make correction in flat registration paper? Whether it is possible? Regards, Neeraj
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You can but ownership issue will remain. As per title deed, you owns parking mention in it and through builder letter head allotment, ownership dose not transfer.
Better execute rectification deed and change the parking no.
Either you can make supplement agreement or rectification agreement for car parking. And accordingly you need to pay stamp duty accordingly.
You can change parking slot
2) better deed of rectification should be executed to correct number of parking slot
3) it should be duly stamped and registered
Does builder supports in execution of Rectification Deed? How long it takes and all three party Owner/Builder/Noida Authority presence for execution of deed required? Any specfic format for Rectification deed?
Builder should have no problem in execution of deed of rectification
2) there is no specific format
3) it should not take more than 15 days
1. Parking space given to you is on "USABLE RIGHTS" basis and is not sold to you. Hence type of agreement (including Sale /Rectificaiton Deed/s) for same is NOT possible.
2. IF Builder is giving you proper Letter for another Parking Slot, THEN it is legally proper enough and when you sell your Flat THEN you will have to handover the Parking Slot alongwith the new Parking Allotment letter.
3. Open /Stilt /Podium /Basement Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).
I understand USABLE RIGHTS but it is Usable Right given to the Sub-Lessee and shall be treated as intergral part of the Unit/Apartment mentioned in the deed. So for safer side why it should not be corrected in original deed.
Advisable that deed of rectification be executed to correct parking slot number mentioned in sake deed
1. Usage Rights is on "lessee" basis and is not a Sale, that can be mentioned in the Sale Deed or Rectification Deed. There is no documentary "monetary consideration" involved in the Usage Rights, which is fictional and can be reversed under the subsequently registered Association /Society bye-laws.
2. Builder has not executed any separate Lease Deed with you for the Parking Slot and has clandestinely merged it into the Sale Deed, which is legally not tenable.
Open parking cannot be sold and charge by builder so it will be usable right only. So to keep rights intact, mention it in original deed.
1. you can change the car park
2. the original deed needs to be modified for that
3. it cannot be a deed of rectification since there was no error in the original deed pertaining to allotment of car park space which needs any rectification
4. as you require a bigger car park space, you have to apply to the builder for the same and it appears that the builder is agreeable to the same
5. since the car park is stated to be attached to the flat and both are taken as a single unit, it is advisable that you have the modification deed registered
6. the registered modification deed will also safeguard the builder since you then would not be able to claim over the car park space as originally allotted to you and stated in the sale deed registered with you
7. all the parties to the original sale deed will need to sign the modification deed.
1. The builder can issue allotment letter and can change parking though since in your registration document number is mentioned same has to be rectified.
2. See it would serve purple though society might after formation change it so better to get original deed rectified.
3. Make a rectification deed and change number of parking in same.
See this is on builder he shall agree for same or not. Yes presence of all parties to original deed is required.
1. You can change the parking slot registered in your name by further registering a correction deed whereby the identity of your parking slot will be changed.
2. The said letter will not change the title of the parking slot already registered in your name. rectification of sale deed shall have to be registered in this regard.
3. Yes, it is possible and very much common. Registered a rectification Deed as suggested above.
1. All the parties who had signed the sale deed shall have to sign the Rectification Deed.
2. Engage a lawyer for drafting the said Rectification Deed and negotiate with your builder ton arrange for registration of the said rectification deed.
1. No body stays in car parking slot. Its owner uses it only.
2. Here the said usable right has been made the integral part of the sale/sub-lease deed.
3. Rectification deed is the only way to amend the identification of the car parking slot on which you can exercise your usable right as per law.
As per the law builder can't sell car parking except garage parking. The car parking even if sold later becomes property of society as its a common area. If your society is not in objection then the said arrangements can be made.
1. You can, provided the builder agrees for this arrangement.
2. The company letter head communication would confirm acceptance of your request but you can get a rectification deed executed and registered rectifying this.
3. Yes by executing a registered rectification deed.
The registered rectification deed can be executed by the builder itself.
No other authority's presence is required before registration authority for this transaction.
The original deed cannot be amended.
To enable the corrections or amendment, a registered rectification deed is executed which is the procedure to be followed in this aspect.