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.