Exchange o car parking - unformed society (pune)

Querist : Anonymous (Querist) 09 October 2020 This query is : Resolved
Hello Respected Sir(s),
I have a Flat in a Co-operative Society in Pirangut, Pune. The Society is still not formed and the builder is in the process of Society Handover in couple of months. I am willing to exchange my allotted Car Parking with another Member (She has a Covered Parking and I have an Open Car Parking) - both are allotted/ designated with Flat Numbers embossed on Name Plates and also mentioned in our respective Flat Agreements. Please advise on the process on how to proceed with this? Do we need to do a "MoU"? Do we need to do any sort of Stamp Duty/ Registration since this is immovable property? Do we need to involve the builder in any ways? Will the builder accept any charges?
Point to Note is that I will be paying a fee to the member as I am taking a Closed Parking Space and giving my Open one. Any guidance will be really appreciated.

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Dr J C Vashista (Expert) 10 October 2020
No legal issue/ problem/ dispute is found involved in the post for consideration and obligation to Mr/Ms Anonymous.

Rajendra K Goyal (Expert) 10 October 2020
This is procedural. Discuss with the builder. If builder agree, submit joint application.

P. Venu (Expert) 10 October 2020
Yes, the posting suggests no legal elements.

kavksatyanarayana (Expert) 10 October 2020
Yes. No legal issue involved. However, you both mutually agree and then take oral permission from the builder.

Querist : Anonymous (Querist) 11 October 2020
Her flat is mortgaged with the bank (owners) and she has been told today that she cannot exchange the Car Parking due to this. Kindly advice.

Rajendra K Goyal (Expert) 11 October 2020
She can apply to get Bank permission. Bank may or may not give.

Stilt Car parking may not be mortgaged with the bank as it can not be sold.

P. Venu (Expert) 11 October 2020
The schedule to the Agreement/deed executed with the Bank would provide the answer.

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