Selling for parking by the builder.
Querist :
Anonymous
(Querist) 27 January 2011
This query is : Resolved
Dear Sir/Mam,
I need clearity on the law from high court which says "No builder can sell parking while selling flat he built".
Recently (1 yr back) I have purchased a flat in pune. The builder sold me the parking (four wheeler) when I purchased the flat from him. I have told him that selling parking is illegal and its society property only. Builder told me that parking can be sold in case its registered while flat registration and is valid. So I bought the parking at that time.
But some time back (not remember the exact date and month) I heard High Court decision that in any case builder cannot sell parking as its society property only.
I need your guidence on clearification on this law and in case if you feel that builder has sold me the parking illegally what can I do?
Thanks and Regards,
Milind.
Khaleel Ahmed Mohammed
(Expert) 27 January 2011
Purchasing the parking is not legal. The rule of caveat emptor says that, the purchaser must be aware of the property to be purchased. File civil suit for recovery of the amount paid by you towards sale consideration.
Querist :
Anonymous
(Querist) 27 January 2011
Dear Sir,
Thanks for the reply and clarification.
In the flat agreement it has been mentioned that parking is registered in my name and I have paid the registration fee for same along with that for the flat. So question is how can registrar take the registration fee for parking being sold? Also if parking is not at all saleable, why not its being trapped at the time of registration itself? Does registrar are unaware of the fact that selling parking is illegal so that at the time of flat registration if they see parking being sold why they catch this at that very point? I am surprized that Govt at one place saying that parking is not saleable and at same time taking the registration fee for same.
Also can I claim for the regirstion fee that I paid while registration of the parking area?
Thanks and Regards,
Milind N Sawant
