- 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, 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. 

- The said Allotment agreement is not enough for claiming the parking space and it can be denied by the society 

- Hence, it must be mention in your sale deed.

Parking slot has only been allotted and not sold to current owner 

2) on sale of flat society will allot you parking slot if available 

You can get the open parking space registered by mentioning the same as in- built in the sale deed .

If the parking space allotted to your vendor was by an allotment letter only then he cannot execute a registered sale deed for selling the parking space. 

He can request the society to re allot the same to you as new buyer. 

The parking space until bought along with flat separately,  will not  be shown separately and it will be a part of valuation of the property sold.

No it is not to be included as parking slot has not been bought by seller 

Unless and until the parking lot is transferred in your seller's name, you can not purchase it.

A title can be passed only when the transferor has tittle in this.

- YES

Dear Client,

When purchasing a flat that includes an open parking space, it is important to ensure that the parking allotment is properly transferred to your name. Here are the steps and considerations:

First, verify that the seller has legal rights to the parking space through the allotment letter from the builder. This letter should explicitly mention the parking space number and its allocation to the seller.

Next, include the details of the open parking space in the sale agreement. This ensures that the parking space is legally recognized as part of the property you are purchasing.

Although open parking spaces are not typically registered separately, you should obtain a No Objection Certificate (NOC) from the builder or the housing society, confirming the transfer of the parking space to your name.

Regarding the valuation of the property, the details of the open parking space should be included in the overall valuation. While open parking may not significantly increase the property’s value, it is a valuable amenity that can affect the total worth and appeal of the property.

Sure.