I recently bought an under construction flat from the builder and got the Agreement to Sell registered. I have paid charges for one stack car parking but the builder has not mention the same in Agreement to Sell. I insisted him to mention it in Agreement to Sell but he said that it will be allotted later by society. After multiple request he issued me a letter which mentions the allotment of one stack car parking. So my questions is (1) Can i later add car parking details in Sale Deed in future after possession of the flat though the same is not mentioned in the Original Agreement to Sell which has been registered (2) Is allotment letter issued by builder for one stack car parking is sufficient on the basis of which can i add car parking details in sale deed in future. (3) If i want to execute rectification deed for agreement to sell, what will the total charges i have to pay to Govt for Maharashtra for adding the details of car parking allotment in the agreement to sell (4) Does it falls under minor correction, and whether can be done by executing rectification deed.
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1. The builder cannot sell the car parking space hence he will not agree to enter the details of car parking space in the registered sale deed.
The society, after formation will be liable to allocate the space as per the bylaws.
2. The parking space is not the part of the sale deed because the builder cannot sell it.
3. The rectification deed is for rectifying the error in the sale deed and not in the agreement to sell.
Builder can only allot car parking slot but not sell stack parking slot
2) it can be added in sale deed that parking slot has been allotted to you
3) allotment letter is sufficient
4) deed of rectification charges would not be substantial as no parking slot has been sold to you
It appears that the project is registered with Rera
After coming into force of Rera it is permissible for the builder to charge for car parking and mention it in the agreement for sale
In fact the model sale agreement given in Rera provides for mention of sale of car parking along with the flat
So I'm not able to understand this allotment letter business
The builder must mention the allotted car parking in your agreement to sell
You will have to pay extra stamp duty for such car parking
However since the car parking is not in the open space or in stilt, duty may not apply.
I assume the builder has charged extra consideration from you for the car parking. Then all the more it needs to be stated in the agreement for sale
Dear client, you can include a car parking clause in a sale deed. A car parking clause in a sale deed should specify the parking number and state that the sale includes the space as well as the flat. For this, you must go through the process of correcting the sale deed.However, according to the Maharashtra Real Estate Regulatory Authority (MahaRERA), builders cannot sell parking spaces separately because they are considered common areas within a residential complex.
It can be done only under rera agreement otherwise even if you add it in agreement it is of no use as legally car parking cannot be sold except under rera
- 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 builder , 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.
1. No
2. You can produce the said Allotment letter before the society for getting right over the allotted parking space
3. The rectification need stamp duty is very normal , however the presence of both the parties necessary before the registrar for registering this deed.
4. Yes.
