• Correction of Covered Parking number post registration of flat

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
Asked 6 years ago in Property Law
Religion: Hindu

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23 Answers

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Either you can make supplement agreement or rectification agreement for car parking.  And accordingly you need to pay stamp duty accordingly.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello,

You have to make a registered declaration deed.

Re

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

This you should consult with builder. Only builder and buyer presence. Single day thing.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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).

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Advisable that deed of rectification be executed to correct parking slot number mentioned in sake deed 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

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.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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.

Yusuf Rampurawala
Advocate, Mumbai
7924 Answers
79 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See this is on builder he shall agree for same or not. Yes presence of all parties to original deed is required.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can go for rectification of number citing it to be error and change the number.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

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. 

Prashant Nayak
Advocate, Mumbai
34663 Answers
249 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90187 Answers
2506 Consultations

The registered rectification deed can be executed by the builder itself.

No other authority's presence is required before registration authority for this transaction.

T Kalaiselvan
Advocate, Vellore
90187 Answers
2506 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90187 Answers
2506 Consultations

You can execute a rectification deed with builder to rectify it

Prashant Nayak
Advocate, Mumbai
34663 Answers
249 Consultations

1. Yes you can change parking slot post registration of deed. 

2. Yes it will be legally acceptable.

3. It is possible change parking slot in registration deed through rectification deed but it will be very costly Now. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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