Parking Area For New Flat
Hello Sir, I am buying a new flat in Pune in a project which has already got the completion certificate from Municipal last week. As the property is ready to move , Builder is charging me as a package instead of bifurcation . He has confirmed that in the package all the charges are inclusive and also include Reserved/Covered car Parking but in agreement he is no where mentioning specifically that I will get the parking or which type of parking (Open/Covered) I will get as this agreement/Sales Deed.
Parking Related Clause mentioned in agreement is as below:
"a The purchaser/s shall be entitled to exclusively possess, use, occupy and enjoy the said terrace and / or parking space (if any) in the same way as the said Flat and the purchaser/s shall also be entitled to make use of the said terrace and / or common parking space, (if any) in any manner permissible under the rules and regulations of the concerned local authority ".
"b The Purchaser/s shall become member of the Condominium of Apartment Holders or society. If the Developer transfers, assigns and dispose off the said open spaces, unallotted covered or open car parking, terrace, parapet walls, or other specified or unspecified spaces at any time to anybody the assignees, transferee and/or the purchaser/s thereof shall be admitted as members of the Condominium of Apartment Holders or society. The other Purchaser/s or his/her/their assignee or transferee will have no right to raise any objection of admitting such assignees or transferees or allottee or purchasers as member of Association of Apartment Holders or society."
"21) Nothing contained in this Agreement is intended to be nor shall construed as a grant, demise or assignment in law of the said Flat of the said Property and building or any part thereof. The Purchaser/s shall have no claim save and except in respect of the said Flat hereby to be sold to him/her/them and all open spaces, parking spaces, lobbies, staircase, terraces, recreation spaces etc. will remain the property of the Developer. "
Also, Currently there is no Plan/Diagram for parking in blue print and Total Parking count is written as 8 in 12 flats scheme building's blue print.
Builder is Saying He will give the allotment letter for parking post disposal of all the flats in society (Currently 6 are remaining).
1) Please confirm if it is possible/Mandatory to mention in Agreement doc that Covered Car parking will be provided .(I am not asking to mention that it has been sold as this is illegal ,but just to mention it has been provided as Amenities or specification so that I have legal document).
2) In case it is not possible to mention in agreement will the allotment letter in Builder's letter head will suffice?.
3) Can builder's allotment letter be nullify by Society after society formation.
4) If It is not mentioned in agreement can I be left without Parking after society formation?
5) Is it illegal to mention this in agreement that covered car parking will be provided to purchaser.