I have purchased a flat from the first owner with a registered sale deed where flat and 1 parking slot details are captured in the sale deed. Now, I thought to buy 1 additional parking slot from the society builder and they communicated formally to me over mail that with a certain amount provided the additional parking slot can be provided. I did the online transaction of the requested amount + GST to their mentioned bank account and they acknowledged the received payment against the mentioned parking slot (with parking number) over email. They also sent me a receipt of the amount received against the said flat. However, didn't mention in the receipt that it's for car parking. Now, when I requested them to make a sale or supplement deed for this parking slot they asked me to bring the first owner and also pay the stamp duty on the name of the first owner. They stated that a supplement deed for parking is not possible without the involvement and presence of the first owner. Now, the challenge for me is that the first owner is not in India and also he will not be willing to put any more effort into this. So kindly help to answer the below questions and provide a solution. Q1) I have a parking slot (with parking number) payment confirmation over mail from the builder. Also, have the payment receipt received from the builder. Will these proofs be fine to present to the residents association (in the future) to show my parking allotment? Q2) Is there any legal possibility to get a supplement deed or sale deed done for this additional parking without the involvement of the first owner? Q3) Whether the sale deed is done or not done for this additional parking. In both, cases does the resident association (created in the future) hold the right to cancel my allotment for additional car parking, and if yes will they need an order from the court or etc? Q4) If suppose in the worst case resident association (created in the future) cancels my additional parking allotment done by the builder, then can I request a refund at that time from the builder legally? (As I have payments proof over email and in the account statement of the flat) Q5) Finally what shall I do at present to be legally secure of my parking allotments? please guide based on the above-mentioned situation. Thanks.
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1. Yes if builder is authorise to sell the same legally
2. By courts order
3. They can't if same is legally permitted
4. Yes
5. Need to know whether parking can be legally sold as the same is common areas. Only under RERA builder is authorised to sell the 3 side covered parking
1. Actually the builder cannot sell the parking space and if any such sale transaction has been done then it would be illegal. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void.
a builder is not authorized to sell car parking spaces as individual real estate units. Back in 2010, the Supreme court had banned the sale of parking spaces across the country.
Therefore you insist the builder to execute a registered sale deed in this regard.
If you have proofs for the purchase of parking space then you may issue a legal notice to the builder to allot you the parking space and provide an authentic deed confirming the sale of parking space to you.
2. Forget about the involvement of the first owner in this transaction, because he is nowhere related to this issue, you may have to take legal steps against the builder if necessary and if they are not willing to cooperate with you in this regard.
3.According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
The Ministry of Housing and Urban Affairs’ model by-laws allow 2 ECS (Equivalent Car Space) per 100 sq meter of floor area in residential premises. This can be translated to 1 space per 3BHK and 2 per 4BHK. According to Apartment acts, you are neither allowed to cover or repurpose parking spaces nor shall a member have any right to sell or transfer parking slots allotted by the society
4. When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, 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, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”
5. You can ask for refund of your amount paid to the builder who collected the same in the name of allotting additional parking space.
1) it proves that you have been allotted car parking slot
2) society can cancel car parking allotment and reallot parking slots without court order
3) you can seek refund from builder
4) legally builder cannot sell open car parking slots but can only allot car parking slots
- 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 developer, and can get refund from the builder 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.
- Hence, if society not agree then you can get refund the amount from builder for the first parking slot , and also can approach the court for getting direction .for the second parking.
Dear Client,
As per the facts which have been provided, in case you are facing problem in getting additional parking then you can ask for the refund. You already have the payment proof made in regard to the additional parking so you will get the refund.
Thank you.
Current situation: We checked with the legal team of the builder and they are saying they can not prepare the sale deed with us as we are the 2nd owner. Thus, the involvement of the first owner is must as they will create a supplement deed in accordance with the conveyance deed in favor of the first owner. Then there will be a correction deed creation between the first owner and 2nd owner (me) for the additional parking I have purchased from the builder. (Basically in this way builder is trying to escape from the supreme court verdict to not sell individual parking). They have given me three options as below:- 1) Convince the first owner to come for this registration process. 2) Take refund 3) Let the money be kept with the builder and use the parking till RWA is formed. Once RWA will be formed the builder will refund my money and surrender that parking in the common area to RWA. Now, the 2nd option may look very attractive to take the refund and finish this matter. However, I really have the requirement of the additional parking slot thus please suggest if there is any way to get the registry of additional parking done without first owner involvement or the only option left is to get a refund.
Your best option is to take refund from builder
any agreement with builder should involve first owner too
Dear Client,
The allotment of second car parking is not illegal if the allotment is made without prejudice to the rights of other allottees. So you should convince the first owner and get the registration done.
Hope this clarifies your query and requirement.
Thank you.
You have been given an opportunity to get back your hard earned money in the form of refund.
The builder cannot sell car parking space is clear from the verdict of supreme court hence you try anything, you cannot get the additional car parking even though you have receipt for the payment made.
Since the builder has come to know about your awareness of the law pertaining to parking space, he is now volunteering to make refund of the amount received by him in this regard.
Take a wise decision at right time.
You can take refund or approach consumer court. This issue can effect you later also I'm future