• Car Parking Allotment from builder

I had purchased a flat in one of the apartments in Bengaluru. In the sale deed I have got 2 covered parkings and I purchased the flat directly from the builder. Due to space constraints I am planning to buy another parking with the apartment premises. The Builder owns a few parking slots and he is ready to sell one of them. However the builder is going to provide an allotment letter for the new parking which I want to purchase.

1. Is the allotment letter for parking space legally binding? Does it make me the true and absolute owner of the parking space. ?

2. Are there any other ways to legally purchase the parking space. ?
Asked 2 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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7 Answers

You are merely allotted parking slot but not the owner of parking slot 

 

society can reallot the parking slots 

 

Ask the builder to execute registered sale deed for sale of covered garage as it would protect your interests in event of any dispute with society 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

- 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 you can approach the builder for registering the parking space in your name , and only allotment letter is not enough for claiming ownership of parking space. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

An allotment letter is not valid transfer of parking. Builder needs to execute a proper sale deed, you need to complete due diligence.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

1. The allotment letter issued by builder allotting the parking space is not a title document, the parking space belongs to the apartment owners association, hence at a later stage the association may even re-allot the space to any other member who is not having even a single space, at that stage you cannot fight or contest in the absence of a registered document 

2. If at all the builder is executing a registered sale deed to sell the parking space you can buy it  and claim the title legally. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Hi, Normally, the builder will issue the allotment letter. If you want more secure you can register the same in the Sub-Registrar office. Normally you need to bear all the cost. Registration of car parking is better and you can get legal right over the same.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

In any apartment complex with multiple dwellings, car parking lots are defined as 'common areas', meant for the common use and enjoyment of all the residents. No builder can legally sell any exclusive parking lot.

Swaminathan Neelakantan
Advocate, Coimbatore
3088 Answers
20 Consultations

Dear client,

  1. Although a parking space allotment letter may have legal implications, it may not formally establish your ownership of the place. It's imperative to complete a valid parking spot selling deed and register it in accordance with the Indian Registration Act, 1908, in order to guarantee ownership.
  2. Having a separate parking space sale deed is an additional legal technique. Signed by both parties, this deed must be completed on non-judicial stamp paper and filed with the local sub-registrar's office. This guarantees a clean, legal title transfer, establishing you as the parking space's legitimate owner. Verify adherence to all applicable municipal and Registration Act laws.

Hope this helps you.

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

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