Parking rightsi in undivided share
Rajath Chandran
(Querist) 22 August 2009
This query is : Resolved
Dear Seniors, I have a querry on sale of Car parking slots by the flat promoters.
When we purchase an undivided share of land in the transaction of purchasing a flat in an apartment, I presume that we are sold an undivided share of land. Like this, all the owners of the flat should be sold some undivided share of the land on which the apartment is being built.
Logically, if we put together all the undivided share of the land sold, it should tally with the whole of extent of land owned by the flat promoter (subject to certain extent of land statutorily left).
At this stage, now let us assume that I need to have a car parking within the premises. Most of the promoters are selling parking slots to the intending owners at some rates fixed by them.
My doubt here is that when the individal owners have purchased the whole of extent of land (of course each one purchasing some undivided share), how come the promoter sell again a place for consideration.
I understand that the calculation of undivided share includes this area where the car parking is alloted.
If my question is correct, would like the seniors to suggest their reply. If my assumption is wrong, then pleae clarify how the undivided share is being calculated in apartments.
Rajath Chandran
99464 45067
R.R. KRISHNAA
(Expert) 22 August 2009
Your understanding is right. Nowadays generally when a flat is sold, a right of car parking is also sold along with it. Car parking space is sometimes allotted by the builder to the individual owners. In some cases where the builder does not allocate the individual spaces for flat owners, then the individual owners have to decide among themselves and make allotment of spaces for parking cars.
There are some kinds of builders who sell car parking space separately. In such case the car parking space will not come under the space of undivided share of the land owned by each flat owner. The builder must certainly have some space other than the undivided share to sell it as car parking space. (It is a simple reason that the builder cannot sell a piece of land as car parking space when the entire land is sold as part of undivided share to individual flat owners).
Y V Vishweshwar Rao
(Expert) 22 August 2009
The Expalaination of Mr Krishna is Correct !
Any sale of the Car Parking lot , even shown in the Regd Sale Deed , as Car Parkign Lot - 8 X 10 Ft or so ! , the same can not be treated as Undivided share , it is only the car Parking exclussive rigth of the said Flat owner .
VIKAS RAJ CHHAJER
(Expert) 25 August 2009
Please i don't want to advice as there is strike in our district so please pray for us that our high court may not broke and we may live unitedly.
For your matter i will respond but after few days.
Vikas Raj Chhajer
