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Rajat Mitra (Senior Manager Projects)     24 March 2011

Right to Parking vs Ownership

Hi,

I have recently purchased a flat along with car parking in Kolkata,WB.In the "SALE AGREEMENT" the vendor has given me only the right to parking and there is no mention about ownership of the parking space.However during "Registration" the parking space was also registered along with the flat.In the sale agreement the clause mentions that I cannot "Rent-out" the parking space.Would be really greatful if anyone can answer the queries I have arising out of this scenario

 

1. Does Parking Space registration means I have the ownership?

2. Will there be any legal problem when I will sell the flat along with the parking space?

3. Will there be any legal problem when I will give the flat for rent along with the parking space to a single person?

4. Is there any law which prohibits giving ownership of parking space if the said space does not have walls (i.e in the ground floor )?

5.The sale agreement has a clause where the vendor at his sole descretion can declare any unsold space as common area.In that case can the vendor give the right to parking for the same space to other flat owners or declare it as a common car parking space?

Thaks and regards

Rajat Mitra



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