• Register parking space separately

I want to buy a resale flat in a large complex in kolkata. The owner registered the flat but he don't have parking space, though he manage to find a parking space for me. Now he requested me to create a sale agreement with the developer separately, which they unable to register. But the flat is registered and there is no problem with flat registration. Now my question is do I go this deal. Is it legally corret to have a parking space without registration. Or do I able to register later after buying that flat.
Asked 10 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
1) builder has no powers to sell car parking sots 

2) it forms part of common area for benefit of all members 

3) the reason why builder does not want to enter into regd agreement with you for sale of slot is that as per SC judgement parking slot forms part of common areas 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1) as per SC judgment parking slots form part of common areas and cannot be old by builder 

2)(Nahalchand Laloochand P.Ltd. vs Panchali Co-operative Housing Society Ltd. – JT 2010 (9) SC 414: 2010 AIR SCW 5549).

In para. 34 of the aforesaid judgement the Hon’ble Supreme Court held that:

“34. We have now come to the last question namely– what are the rights of a promoter vis-a-vis society (of flat purchasers) in respect of stilt parking space/s. It was argued that the right of the promoter to dispose of the stilt parking space is a matter falling within the domain of the promoter’s contractual, legal and fundamental right and such right is not affected. This argument is founded on the premise, firstly, that stilt parking space is a `flat’ by itself within the meaning of Section 2(a-1) and in the alternative that it is not part of `common areas’. But we have already held that `stilt parking space’ is not covered by the term `garage’ much less a `flat’ and that it is part of `common areas’. As a necessary corollary to the answers given by us to question nos. (i) to (iii), it must be held that stilt parking space/s being part of `common areas’ of the building developed by the promoter, the only right that the promoter has, is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither `flat’ under Section 2(a-1) nor `garage’ within the meaning of that provision is not sellable at all.”


3) purchase flat by regd sale deed only 
-
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi
 1. first you  do the registration of the Flat as the seller  cannot do the registration of the same if the parking is not included in the flat agreement in allotment..
2. There has to be a separate registration for the parking space if you are purchasing it.
3. yes you should go for flat registration first  and then go for parking space registration.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Hi, Normally society will be allotted car parking space, if there is no car parking then you are not able park your cae so it is better you can cancel the deal or else if you are so confidence that you will get the car parking space from the society then you can buy the same.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. You stated "though he managed to find a parking space for me",

2. You shall have to own the title of the parking space by registering a Sale deed with the Developer,

3. Otherwise what he has managed to get for you might be objected by the Developer,

4. Hence along with registering the sale deed for the flat, you should also register the sale deed for the parking space to be signed by the developer,

5. You are thus required to register the sale deed for the parking space for avoiding any future problem. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. The builder can sale the parking space to the existing flat owner if he has adequate area/numbers of parking space to sale with out infringing in to the common srea,

2. If he does not have any parking space left to be sold, it will be difficult for you to buy one and park you car in the parking space of the complex.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
A parking space forms part of the common areas. It cannot be sold, much less to someone who does not own a flat in the building. This, however, does not preclude the owner from selling the flat to you. You should look for parking somewhere else if you wish to go ahead and purchase this flat.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
1) as mentioned earlier builder cannot sell car parking slots 

2) if builder sells parking slot to original flat owner and he in turn sells flat to you with parking slot by regd sale deed the society can always refuse to recognise you  as owner  of  the parking slot 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
This arrangement can work if the seller executes the sale of flat and parking space through a sale deed in your favour. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
1. he can execute and register a sale deed in connection with the said parking space and become the owner of the said parking space first,

2. After that he can also make one sale deed incorporating the flat and the parking space and get the said sale deed registered,

3. However, in the above process, your seller shall have to spend for the stamp duty and registration fees for registering the sale deed for the car parking space which he may not agree,

4. If you buy the car parking space directly from the builder,the expenditure of one set of registration can be saved.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Now he requested me to create a sale agreement with the developer separately, which they unable to register. But the flat is registered and there is no problem with flat registration. Now my question is do I go this deal. Is it legally corret to have a parking space without registration. Or do I able to register later after buying that flat.

In a 2010 judgment, Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. [AIR 2010 SC 3607], the Hon’ble Supreme Court rejected the argument of a real estate development company that they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities. A bench of Justices A K Patnaik and R M Lodha, ruled that builders or promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners. The word `flat' is a separate self-contained dwelling used or intended to be used for residence, or office, show-room or shop or go down or for carrying on any industry or business (and includes a garage), the premises forming part of a building and includes an apartment.
Stilt parking space' is not covered by the term `garage' much less a `flat' and it is part of common areas. The court said that stilt parking space/s being part of common areas, the only right that the promoter has is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither a `flat' nor a `garage' within the meaning of law.
“The promoter has no right to sell any portion of such building which is not ‘flat’ within the meaning of of law and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.
If that is the case there is no need to register the parking space separately.
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
5.0 on 5.0
Is it mean that builder can't sell any parking space, I have another flat of my own where I have register that flat with car parking space. Do you say that the parking space registration is not valid?
My question is do I go for flat registration for the above mention flat which I want to buy and then go for parking space registration.


The Supreme Court has upheld that order of the Bombay High Court and held that parking spaces cannot be sold by the builder. They are a part of the common areas and the cost of that land has to be charged to all the flat-owners in proportion to their carpet area.
It was argued that the right of the promoter to dispose of the stilt parking space is a matter falling within the domain of the promoter’s contractual, legal and fundamental right and such right is not affected. This argument is founded on the premise, firstly, that stilt parking space is a `flat’ by itself within the meaning of law and in the alternative that it is not part of `common areas’. stilt parking space’ is not covered by the term `garage’ much less a `flat’ and that it is part of `common areas’. it must be held that stilt parking space/s being part of `common areas’ of the building developed by the promoter, the only right that the promoter has, is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither `flat’ nor `garage’ within the meaning of that provision is not salable at all.” 
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
5.0 on 5.0
Seller now give me an option, he will make a sale agreement of that parking space with the builder and then he generate a new sale of conveyance to me mentioning "a flat with cover car parking price ..." in this format. And he attach the parking space with his registered flat. By this way I can register everything. Will it be possible to register flat+parking space in this way?
Yes, you are right.  This is how you have to design your sale deed to secure your parking space.  This will be legal and proper to protect your parking space interests. 
T Kalaiselvan
Advocate, Vellore
13894 Answers
127 Consultations
5.0 on 5.0

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