Parking slot has only being allotted to seller by the builder
2) on purchase of flat you would not own the parking slot
3) the society will merely allot you parking slot
Car parking allotment outside of sale deed
I am planning to buy a flat from a seller who bought it from the builder few years back. The flat did not have a parking initially. Later a parking was bought but this was not registered in the sale deed. The builder has only provided an allotment letter. Now when I buy the flat from the seller who do I leagally own the parking with just the allotment letter. Are there some clauses that I can include in the sale deed to avoid any hasseles about the parking ownership in the future?
Asked 2 years ago in Property Law
Religion: Hindu
7 Answers
Yes. In sale deed it must be written that the seller is owner of falt and parking allotted by builder and that the seller is selling flat along with parking area as alloted by builder vide allotment letter dated ...
As you need to include the averments in sale deed in this case for the safety of the new buyer and his rights
- 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
- Hence, if there is a society , then the parking space can be denied , if your sale deed having no clause of the same.
- Hence, you can define a clause for the same after mentioning that the seller is also owner and in possession of a parking space vide an allotment letter dully issued by the builder , and he is handing over the same to the buyer with the possession of the flat.
Please note that no builder can legally sell you an exclusive parking slot, as parking lots fall under the definition of 'common areas' meant for the use and enjoyment of all the residents in a multi-level apartment complex/gated community. Allotments of parking slots for the residents can only be decided on a gentlemanly agreement after the residents' association is legally formed.
Until and unless the car parking space had been included in the sale deed of the seller, he cannot sell the same to the new purchaser.
However on the basis of the allotment letter given by the builder he can request the society to allot the same car parking space to the buyer .
The vendor cannot include the sale of this parking space in the sale deed since it is not a part of his own sale deed.
Dear Client,
In this sale deed, it is explicitly stated that the seller is the rightful owner of the flat and the parking area, both of which were allotted by the builder. The seller hereby confirms the sale of the flat along with the parking area as originally allotted by the builder, as evidenced by the allotment letter dated.
