Car parking
Neha Agarwal
(Querist) 18 August 2012
This query is : Resolved
We have recently booked a re-sale duplex flat with an open car parking in an old building.Part payment has been made.But the seller is telling that he cannot sell us the open car parking because it is not allowed to sell the parking along with the house according to some new laws.
Please guide.
ajay sethi
(Expert) 18 August 2012
society merely allots car parking slots . on sale of flat car parking slots does not go to buyer . society allots to it new member i fthere are vacant slots available
Neha Agarwal
(Querist) 18 August 2012
But the previous buyer had purchased the parking space along with the house and it is clearly written in his agreement.So still he can't transfer it to us?
ajay sethi
(Expert) 19 August 2012
the issue is society is not permitting member to sell the car parking slot . if he sells flat with car parking slot the society wont transfer flat in your name .
you have stated that previous owner had purchased flat with slot . when was slot purchased by him ? was separate agreement entered into with the buidler or society for puchase of slots ?
go and meet the office bearers of the society . if society is not willing to transfer the slot cancel the deal . no shortage of flats in mumbai . it is a buyers market
RAJU O.F.,
(Expert) 19 August 2012
If the seller had paid consideration and purchased the slot with the flat he can sell the said slot with flat. If he did not pay for the slot, only the society officials can allot such slot to you, probably by making payment for it.
M V Gupta
(Expert) 19 August 2012
car parking forms part of the common areas of theSoceity and cannot be sold. The MC will allot the space as per the bye laws of the Soceity or resolutions passed by the GB. As per the SC judgement in Nahalchand Laloochand Pvt Ltd VS Panchali CHS (Civil Appeal No.2544/2010) the builders are not entitled to sell the open / stilt car parking spaces. On the same basis the flat owner also cannot sell the space to the buyer of his flat.
Neha Agarwal
(Querist) 19 August 2012
The previous buyer purchased the parking space along with the house and its clearly mentioned in his agreement of the house.He too purchased it in re-sale from someone.We had a talk with the society secretary.He said that the space cannot be transferred to us.
Thanks for the guidance
