• Clarification about property purchased

Sir i have purchased a resale flat with open car parking. In the sale deed parking map is not annexed and parking no. is also not mentioned in sale deed. However it is metioned in the sale deed that i have all the rights which was previously enjoyed by the owner with reference of previous deed no. .
Sir is it sufficient? If not, what should i do? 
Do i have to re-register the car parking or it can be rectified? What is the process of rectification? Does it matter in mutation?
Asked 2 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) deed of rectification can be prepared to mention that you also have rights over the open parking slot 

2) in the alternative separate agreement for parking slot can be entered into 

3) please note that as per SC judgement parking slots forms part of common areas for benefit of all members 

4) how can the seller sell you the parking slot . on purchase of flat society can allot you car parking slot 
Ajay Sethi
Advocate, Mumbai
46684 Answers
2762 Consultations

5.0 on 5.0

Hi, it is specifically mention in the Sale deed that car parking Number so that you will identify the car parking space and in the sale deed you have baldy mention the car parking space which is enjoyed by the previous owner. so it is better clearly mention in the sale deed.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

 it is better to rectify the deed by adding the clause of car parking as in the future the property title and ownership will be looked at what is your document.

it is necessary to specify the car parking with details of ad measuring area unit/slot No., even if it is mentioned in the sale deed that you  have all the rights which was previously enjoyed by the owner with reference of previous deed no.

the car parking which is not mentioned specifically cannot be transferred legally , so it is necessary to correct it and register the deed of rectification for the proper title .
The existing deed can be rectified by preparing rectification deed by adding the clause of car parking with details and register it, once it is registered the deed of rectification will form part of your original deed of sale .

The process of mutation is for the land or property with house/ building where the flat is standing .
In your case you have one flat , the transfer on records happen when you register your sale deed  so as the mutation. 

literally speaking if your car parking has not included in the sale deed which is registered so it is not transferred from the previous owner in its legal terms.

actual transfer of the land beneath your building is conveyance  , once it is done in the society or apartment owner's association the mutation also  will happen in terms of ownership  of the land in the name of the association or the society which formed by all flat purchasers/members .

Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

1) If you wish to rectify you can do so through a Deed of Rectification. This has to be registered and appended to the main sale deed.

2) Alternate option is to enter into a separate agreement regarding the open parking slot and get it registered.

3) As such if there is no objections to your occupying and using the parking space with no interference from the Housing Society, you don't need to take any steps now as parking place as such is common place that is alloted for use on a first come first served basis.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

Yes, it is sufficient, So the parking space mentioned in the title deed of your seller will be considered your parking lot.
You do not need to make any rectification deed.
Devajyoti Barman
Advocate, Kolkata
13128 Answers
174 Consultations

5.0 on 5.0

The rights and liabilities of the seller, except those the transfer of those which have been specifically excluded, are transferred from the seller to buyer. So if the sale deed of the seller has a mention of the parking rights then no specific mention thereof is required to be made in your sale deed, but as a prudent buyer you can demand the inclusion thereof in your sale deed.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

1. Has it been mentioned in the sale deed that a open car parking space is provided to you?

2. Has it been mentioned in the title deed of the earlier owner that he/she can have open car parking space?

3. If yes, then you also carry forward the same right of parking our car in the open space. 
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
452 Consultations

5.0 on 5.0

First of all you should see in the previous link document that whether the car  parking was also mentioned in the deed document.
If there is a mention about the car parking along with the property then you are entitled to have it mentioned in your registered sale deed too, then you can go for rectification.
T Kalaiselvan
Advocate, Vellore
36851 Answers
403 Consultations

5.0 on 5.0

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