• Separate car parking registration

Hi,

I booked a flat in a apartment in Kolkata and while booking I didn't opt for Car Parking. Consequently in the registration deed it is only mentioned that I own a flat of size 1256 sqft. Later I bought a stilt car parking by paying a cheque of 350000/ against which the builder gave me a money receipt (with revenue stamp and signed) where it is written that they received the money against the cheque number for car parking booking for flat no . Now when I am urging to do a registration of the stilt car parking separately Builder is saying they can't register it instead they will give me a allotment letter of a car parking on their letter head.

Now I have following 2 questions.
1) In future if i sell my flat how will I transfer the car parking to the next buyer.Is the allotment letter enough for that?
2) Can a Car parking be registered separately?


FYI : The apartment is still not completely built and going on phase by phase and society is yet to be formed.

Thanks in Advance.

Regards
Raja Mukherjee
Asked 1 year ago in Property Law from Australia
Religion: Hindu
1) for your information as per supreme court judgement builder has no powers to sell car parking slots 

2) car parking slots form part of common areas and is for benefit of all the members of the society 

3)once society is formed it  may refuse to honor sale of parking lots by builder and will allot car parking slots to members as per provisions of bye laws

4)society may not transfer car parking slots to the buyer .

5) your best option is to seek refund of money paid for purchase of car parking slot .

6) if builder refuses drag him to consumer forum and seek refund 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
The Supreme Court has upheld that order of the Bombay High Court and held that parking spaces cannot be sold by the builder. They are a part of the common areas and the cost of that land has to be charged to all the flat-owners in proportion to their carpet area. (Nahalchand Laloochand P.Ltd. vs Panchali Co-operative Housing Society Ltd. – JT 2010 (9) SC 414: 2010 AIR SCW 5549). 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hi
 The Builder is not agreeing to register because it is not part of individual owners parking area and he is not supposed to sell it separately. .You please find out from the plan how that particular area is marked in the Plan /Layout.

Supreme court has observed in ", Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd", “The promoter has no right to sell any portion of such building which is not ‘flat’ within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.the Hon’ble Supreme Court rejected the argument of a real estate development company that they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities."The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation. The only right remains with the promoter is to sell unsold flats.
The court ruled that builders or promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners. Also, the Court said that the developer is only entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat.

You should insist the builder for the registration of it as you are purchasing it as an individual flat owner, since the society has not formed now it is not part of the society .actually this should have formed part of your sale agreement.Since the sale of car parking slots is illegal, its purchase also becomes null and void. After a housing society has been registered and taken charge, it becomes the owner of all parking spaces within the project.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) builder cannot sell you car parking slot 

2) sale itself of car parking slot is illegal 

3)builder will not execute any rectification deed wherein sale of car parking slot is mentioned as it would be in violation of SC judgement 

4)sale of car parking slot cannot be separately regd 

5) the strategy adopted by builders is to mention lumpsum  amount for sale of flat and mention that parking slot has been allotted to purchaser . it does not mention sale of parking slot or that consideration has changed hands 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
As you have been rightly suggested that the car parking cannot be sold by the builder, they will adopt such tactics to sell the car parking.  
Supreme court has come down heavily on the builders for selling car parking separately other than the cost for flats or apartments.  Therefore most of the builders include the car parking in the original registered sale deed itself though they collect extra money for that purpose in that itself. Thus the said car parking legally  belongs to the flat owner.  In your case the allotment letter under his letter head will have no legal value.  Once the society is formed and the car parking is reallocated, you may lose your rights in it. Hence you may withdraw that amount for car parking and wait for the completion of the construction and formation of the association which will allot car parking to the owners on the basis of first come first basis or by drawing of lots. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Hi sir/madam, it is fully depend upon strategies of concerned builder, some builder can take the amount separately for car parking and they have issued a letter for this. You can can not registered car parking and the Letter and payment receipt is sufficient for the car parking. When you will sell the property of yours at that time the same letter and payment receipt you will hand over to the buyer by mentioning the same in absolute sale deed.   Apartment yet not build you should insist builder car parking place and measurement to incorporate in the sale deed. It can be possible. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1. You said that thebuilder has issued a money receipt mention that the said payment is towards car parking booking Y not towards the consideration for selling the car parking space?

2. The narration was wrong if the saud payment was towrads the full and final payment for the said  car parking space,

3. However, there is no reason why the builder will not execute and register a separate sale deed conveying the title of the said car parking space,

4. Even if he allots the car parking space, the conveyance deed is required to be registered in your favour,

5. File a complaint case before your local District Consumer Dispute Redressal Forum alleging defficiiency in service and unfair business practice praying for a direction on the builder to register the sale deed for the car parking space within 7 days & penlty of Rs.1K for each day's delay, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. You can not ask for rectification of the sale deed of the flat already registered in your favour because the basic schedule will change i.e. car parking space shall have to be changed and consequently the query sheet and stamp duty/registration fees also will under goo changes,

2. A flat with car parking space will be fetch more value while fixing the stamp duty/fees,

3. It will be easier to execute and register a sale deed for the car parking space afresh without meddling with the sale deed for the flat already registered in your favour.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0

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