Salable area
Mangesh
(Querist) 19 September 2011
This query is : Resolved
Dear Sir/Madam
I have a query regarding salable area of flat, as per the new rural only the carpet area salable but the builders are still selling the built-up area. And I also want to confirm that is the parking space still salable or it is should be free of cost.
Please do grant me your valuable advice on the same
Best Regards
Yash
R.Ramachandran
(Expert) 19 September 2011
Please indicate in which State the property is located.
Further more, when you say "as per the new rule" which rule you are referring to?
Raj Kumar Makkad
(Expert) 19 September 2011
There is no such static rule as you refer. It is the agreement which shall prevail, however, parking area is not sale-able anywhere in India.
Sailesh Kumar Shah
(Expert) 19 September 2011
Q. is the parking space still salable or it is should be free of cost?
A. Recently, the Supreme Court on Nahalchand Laloochand P.Ltd. Vs. Panchali Co-Op.Hng.Sty.Ltd. on 31 August, 2010 ruled
that the Builder has no right to sell stilt parking spaces.
Mr. Mangesh/yash
you already known that "new rural only the carpet area salable but the builders are still selling the built-up area." Please provide us.
prabhakar singh
(Expert) 19 September 2011
Despite anomalies in your query as rightly pointed out by Mr.Ramachandran , Mr. shah has
given you very correct answer with well looked citation which i have no reason to deviate and i find Mr. Makkad too have correctly opined.
Guest
(Expert) 19 September 2011
Mostly the builders sell on the basis of supe area with the plea that all the common area costs them substantially and is used by all people at all the times. Accordingly, if a builder sells the flats on super area basis, the parking space also should be free to use and cannot remain under the ownership of the builder, unless specifically mentioned in their agreement to sell.
Shastri J.K.
(Expert) 19 September 2011
I agree with mr. raj kumar makkad .
ajay sethi
(Expert) 19 September 2011
under agreement of sale entered into by the builder carpet area of flat has to be mentioned . sale has to be by carpet area only. builder has no right to sell parking spaceas rightly opined by experts
