• Resale flat - Seller doesn't have parking allotment letter

Sir, I am about to purchase a resale flat in a housing society. The seller had purchased the flat directly from the builder around 15 years ago. The sale agreement between them mentions the parking space and the seller is parking his vehicle in an allotted space with a nameplate that mentions the flat number. However, the seller didn't collect parking allotment letter that marks the exact space on society parking map. He is trying to get the allotment letter from the builder but is not sure of getting it. 

In this context, I have two questions:
1. Should I proceed with the deal (if there is no allotment letter but the original sale agreement mentions sale of parking space with area)?
2. The seller is asking me to pay a token amount and sign MOU. Should I proceed or first ask for parking allotment letter?

Thank you,
Asked 3 years ago in Property Law
Religion: Hindu

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4 Answers

1. Yes it should be as per rera guidelines. 

2.yes

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. If the registered sale deed contains a mention about the car parking space,  then the seller is entitled to the parking space,  hence you may not have any doubt in this regard. 

2. If you are worried about the parking space allotment letter then insist on the vendor to procure the same before making any payment including token money. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1.if it is mention in sale deed then you can proceed . 

2.you must check the property papers properly. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Ask for parking allotment letter then enter into agreement for sale and pay token amount 

 

proceed with deal if he has parking allotment letter 

Ajay Sethi
Advocate, Mumbai
94730 Answers
7536 Consultations

5.0 on 5.0

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