Flat registration and car parking rights
PrasadPVLN
(Querist) 07 July 2017
This query is : Resolved
We are buying a flat. For two car parkings, they are asking Rs 5,00,000/-
We are prepared to give this amount also. If this amount is included in sale deed, the registration charge of 6% is to be paid on this. Please clarify whether the CAR PARKING Facility is a "Property" or "Facility" which needs REGISTRATION under TP Act?
Can we pay this additional amount of Rs 5,00,000/- SEPERATELY (Against a receipt giving us the parking rights) and treating it as part of PROPERTY BUYING COST officially as we do not want to pay any money as black or without receipt or in cash at all.
Please clarify
Kishor Mehta
(Expert) 07 July 2017
Sir,
The builder can sale car parking property if it is a GARAGE. He has no right to sale either a STILT parking or OPEN parking facilities. Even if an agreement is registered for STILT or OPEN PARKING it is patently illegal, as these are facilities and not rights.
Kishor Mehta
Kishor Mehta
(Expert) 07 July 2017
Sir,
The builder can sale car parking property if it is a GARAGE. He has no right to sale either a STILT parking or OPEN parking facilities. Even if an agreement is registered for STILT or OPEN PARKING it is patently illegal, as these are facilities and not rights.
Kishor Mehta
Rajendra K Goyal
(Expert) 07 July 2017
Rightly advised by the expert Kishor Mehta.
PrasadPVLN
(Querist) 07 July 2017
Fine, thank you. But in that case, HOW the right to use car parking "Facility" be transfered from present owner to next buyer ? If it is mentioned in Sale-deed and consideration for it is mentioned then we are unnecessarily paying 6% as Registration charges as well. How to avoid that "FACILITY"? If the next buyer pays that amt to present owner "Seperately by cheque" and obtains a receipt, would that be sufficient ? Can you please quote any decided cases, please ?
Thanks
Prof. Prasad
Rajendra K Goyal
(Expert) 08 July 2017
You are going to invest sizable amount, show all documents to local lawyer and have appropriate advice to save your interests.
PrasadPVLN
(Querist) 08 July 2017
Reply not up to expected level. I too am a professional being a FCA with CFAFP. We expect clear cut reply and not an advice to go to a practicing lawyer to get legal opinion. This cannot be taken as an expert opinion (rather so called expert) If you cannot give citation or specific case, better not to reply rather than giving unprofessional advices.
Rajendra K Goyal
(Expert) 08 July 2017
For any to the point advice all related documents has to be referred, the same is not possible through this forum, hence was advised.
You have the option to wait for advice from other experts.
