1. No ot should allot you a proper car parking under rera rules. Otherwise society will take over and then your allotment will be compromised
2 yes it's as per rera rules
3. You can approach consumer court on the basis of your alli letter
Apartment car parking registration in Sale Deed
Hi, I recently purchased a flat in Bangalore from one of the A grade builder.I have been allotted TWO covered car parking (default+additionally bought).I have received the allotment letter from builder stating the total number and car parking location numbers. Now i am about to execute the sale deed.The sale deed only mentions the total number of covered parking i.e. TWO but not the exact parking location numbers.My questions are 1) Is the current mention(allotment letter + sale deed only with total parking number sufficient to claim my rights over the allotted parking or exact parking numbers should be mentioned in Sale deed? 2) Mentioning the exact parking number in sale deed legally binding or provides assurance that i can retain the parking forever and can not be challenged by society member association(already formed)? 3)In late future e.g. 15 years if the parking numbers change or relocated by the association how that can be handled in sale deed(when exact numbers are mentioned).
Asked 4 years ago in Property Law
Religion: Hindu
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16 Answers
Yes all thed details should be mentioned in the sale deed otherwise it would be very difficult for you to claim it as your own.
Legally binding. Even at the tile of redevelopment.
An agreement may be made and registered.
Builder can only allot car parking slots cannot sell them to you
2) society can reallot car parking slots
3) allotment of car parking slots is not binding on society
1. The exact location should be specified in the sale deed, else there would be confusion.
2. If the exact location is mentioned then nobody can claim any right, title or interest on it.
1. 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).
2. Builder Allotted Parking Spaces are only for amicable "usage purposes" BUT without any Title-Ownership rights and a registered association /society can forfeit any parking spaces, depending on its general body resolutions.
3. IF all remains amicable, the Association would ultimately mark the parking slots and duly allot them by following due procedures of law.
Car Parking rules are framed from time to time by the State Government wherein Co Operation Department issue legal guidelines.
Agreement with Builder for Car Parking is not valid unless in consonance with Society premises using FSI and Common area for allotment of car parking for all.
Its internal adjustment amongst the members of Society, MC and office bearers of the Society.
It is not the matter of Sale deed .It is matter of Society and members after 15 years or so or Court and competent authorities for allocation of Open,stilt and covered car parking.
1. Yes, it's sufficient to claim allotted parking space within the space earmarked for car parking. However it's not specific about the earmarked/designated space but a generally allotted one. It's advisable to mention the exact parking numbers in the sale deed.
2. Mentioning the exact car parking number in sale deed is legally binding and even if it's challenged by the Association, the same can be defended by citing the recital in the sale deed.
3. Even after the lapse of several years, your specifically allotted car parking space can't be altered by the Association or relocated without your consent.
The designated/earmarked car parking spaces if numbered forms part of sale deed and is in-built. No one can partially remove it from your custody legally.
You can ask for exact number at least one for which you have paid the amount, means that will be confirmed it, otherwise you ask for refund of the parking amount paid.
Dear Sir,
If possible, you may get the mentioning of exact parking slots for the convenience and avoiding any conflict. You may mention the 02 slots as it will reduce/remove all the confusions of future as well.
1. It would be better if the parking lot numbers are mentioned in the sale deed.
2. Yes. Mentioning the numbers will give surety of things.
3. Get the location and directions mentioned and add a clause that change in numbers will not loose your ownership
Exact location is must it will remain disputed with other owners. Exact parking number in sale deed is must.
Change in parking number will not effect your ownership and your purchased covered parking cannot relocated by association.
Relocation is permitted in open parking or on redevelopment.
if car parking is slit or falls under common area of socitey then it would only be alloted even if mentioned in sale deed.
society can cancel the parking allotment done by builder and re allot same.
1. Sales deed of Parking have no legal value in eyes of law because Parking spaces cannot be sold to anyone.
2. Parking spaces sold by builder can be cancelled by managing committee of society after its formation because common area of building or society is owned by society association.
3. Society will allocate the number of car parkings after its formation if they consider your sales deed as valid document for allotment.
1. The builder cannot sell car parking space even one to the owners.
That's why he cleverly avoided to mark the exact parking space allotted to you.
You insist on with the builder and see his reaction.
2. Making a mention about the exact parking space in the registered sale deed will confer rights on forever.
3. Talk about the issue prevailing now and sort it out properly after which you go 15 years later story.
- As per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area
- Further, if the buyer -seller agreement mentions car parking as a separate item, or the buyer can produce other evidence of having purchased it, he can challenge the builder, and can get refund from him legally.
- Further, a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. , and only the housing society's general body could make the allotment of space to flat occupiers.
- After forming the society and registered , it becomes the owner of all the common spaces of the apartment complex including the parking spots, and society can make new rule for allotting the parking to its members.
- Further, if there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the members
- Further, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting
- Further, parking spaces are common spaces which belong to the housing society, and allotment of the same is at their discretion, and the same can be done by means of First Come, First Serve or however the managing committee deems fit
1. Sale deed will not contain parking clause for both. as it will go against the builder.
2. If the builder agree to mention in the Sale deed regarding the sell of parking , then on this ground you can claim a right over the same from the society as well.
3. The final decision will vest upon the Society.
- As per the information mentioned in the present query, makes it clear that you need to be more precise in respect of getting the parking numbers specifically, if there are numbers in existence.
- I would like to apprise you that you have to have mentioned in sale deed about the parking number as otherwise there may be discord in future if others are having the numbers if at all there are numbers in existence.
- If no number then just have the mentioning about the two parkings that you have allotted in the sale deed.