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Rakesh K R   15 September 2024

Construction agreement and sale agreement

Hi,

We have purchased a flat with one of the construction and we are now facing problem with parking space. The builder has signed a construction agreement with us in Rs.20 stamp and mentioned there will be a parking assigned to us as per the blueprint. But in the sale deed nothing was mentioned like that. 

As per the blueprint there are only three parking space and one of that has been assigned to us. But now one of the flat owner is creating problem that he is also having parking and the number he is saying is not available in the blueprint. 

I would like to know whether the construction agreement signed in 20 rupees stamp is valid or not and also the builder has assigned a parking slot which is not available in the blueprint to one of the owner. What has to be done to fight for my rights? 



Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 September 2024

The agreement for parking on Rs.20.00 paper is not valid.  Why did you not ask the builder regarding the parking area in the sale deed?  Consult a local advocate with the documents and papers with blue print for his guidance.

Rakesh K R   16 September 2024

Thanks. When I asked the builder he said he has been doing the same for all the buyer who bought the apartment from him. 

I would like to know one more thing. One of the owner of the flat and builder put markings on the parking area without informing other owners and asked us to park only in the mentioned markings. Does the builder have rights to do that after selling all the flats in the apartment ? 

The owner is also threatening us that he will be raising a dispute in court on us for removing the markings that he put on parking without giving prior intimation. Will he be able to do that ? 

T. Kalaiselvan, Advocate (Advocate)     16 September 2024

Nobody can claim exclusive rights over the parking space because it comes under the common area and only when the society is formed the society will allocate the parking space if the same has not been allotted by the hbuilder at the time of handing over the flats to the buyers. 

The person who marked his parking space is not valid in the eyes of law, you can ask him to approach court and ask the builder to allocate specific parking space to each owner/purchaser as per the approved plan.

Failing which, you can drag the builder to consumer forum on the basis of the construction agreement  for releif and remedy.

Rakesh K R   16 September 2024

Thank you so much sir. I got some clarity now. 

P. Venu (Advocate)     16 September 2024

What is the stand of the builder on the issue? 

Stamp duty as to agreements vary from State to State. However, to my knowledge, deficit in stamp duty would not be an issue if the remedy is sought before the Consumer Forum.

Rakesh K R   16 September 2024

We asked builder to come and sort out this issue but he is not ready as he already deviated from the approved blueprint and assigned parking to everyone. 

Only one of the owner is creating this issue and others are ready to adjust and park. The owner who is creating problem by placing the flower pots on the parking place and not allowing other to park on that place stating it belongs to him and he is not ready to adjust with others.

T. Kalaiselvan, Advocate (Advocate)     17 September 2024

If an individual is taking such steps violating the laws or rules then you people can gather together and forcibly remove the obstructions he created and ask him to obtain a certificate from builder or an allotment letter and in the absence you can categorically inform him that he cannot take law into his hands in the public place, if at all he has any grievances, he can very well approach police or court for relief and remedy.


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