Alottment letter and agreement of flat

VISHNU LAL (Querist) 29 May 2018 This query is : Resolved
Sir,
1. I have booked a flat with covered parking at Mumbai. The company handed over allotment letter with mentioning same as follows " We would like to inform that, based on your request we are reserving one car parking space, for which permanent Car Park No. to be assigned later".
2.However, during registration of agreement the same was not included in the agreement. I have made a number of correspondences through E mail for including same in agreement. However, the builder assured same is not required and car parking mentioned in allotment letter is enough. He again confirmed allotment of car parking will be done along with handing over of flat. But, the builder is not agreeing with the same now. He is telling that, only agreement is valid.
3. Request your valuable legal directions for ensuring the covered car parking.

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Kishor Mehta (Expert) 30 May 2018
The builder has absolutely no legal rights to sale or allot a stilt or open parking space. It is the legal right of the registered Cooperative Housing Society to allot stilt or open parking spaces.

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Ms.Usha Kapoor (Expert) 30 May 2018
The builder has no legal right to sell or allot a stilt or open parking space.It is the Legal right of registered cooperative housing society to allot stilt or open parking spaces.

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Guest (Expert) 30 May 2018
Parking space can never be a part of the agreement or sale deed. It is a common space to be used by the residents for parking. However for some definite arrangement to avoid any dispute, if a builder makes allotment that is always on temporary basis as an ad hoc measure till the society of residents is formed. The final right to allocate parking space rests with the society management. A society can reshuffle the allotments made by the builder in the interests of the members of the society.

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Dr J C Vashista (Expert) 01 June 2018
I endorse advise of expert Mr. PS Dhingra and Mr. Kishor Mehta.
The builder can neither sell nor allot parking space to any allottee/shareholder of CHS.
Allotment/earmarking parking space for parking is the privilege of CHS out of common area.

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