Parking allotment not mentioned in 2nd buyers sale agreement
Querist :
Anonymous
(Querist) 22 November 2023
This query is : Resolved
Hello Sir/Madam,
I have purchased a property in Panvel in one of the well known tower.
I am the second buyer of this property and a sale agreement was made between me and the seller.
We have the chain agreement of the first buyer who purchased this property when it was under construction. So his Chain Agreement has mention that Parking slot will be allocated. And also a allotment letter.
can this be a problem if there is no mention of parking in my sale agreement?
Sudhir Kumar, Advocate
(Expert) 22 November 2023
Yes this flaw can cause a problem.
You are purchasing a flat with promise of a parking (or assurance thereof) so all rights being transferred to you should be clearly mentioned.
kavksatyanarayana
(Expert) 22 November 2023
When it was under construction the parking area should have been mentioned in the 1st buyer's document. Now you can ask him to mention the parking area in your document. If it is not mentioned later you cannot ask the seller.
Querist :
Anonymous
(Querist) 22 November 2023
Hello Kavksatyanarayani Sir,
Yes first sellers agreement has Parking details mentioned in it. He also has allotment letter. He is working on transferring allotment letter my name.
But my sale agreement does not have the mention of Parking details. It only has reference of chain agreement.
Querist :
Anonymous
(Querist) 22 November 2023
Thank you Sudhir Sir.
Will allotment letter in my name and the same has been updated in society. The chain agreement of the first buyer has the parking mentioned and my agreement has the mention of the chain agreement.
My agreement has already been made and mortgaged in bank. what should I do in such situation. seller is ready to sign any documents that will help me with the parking.
T. Kalaiselvan, Advocate
(Expert) 23 November 2023
This is an under construction property.
If the builder has mentioned the allotment of parking space to the previous buyer, then it is pertinent that the same is to be mentioned in the sale agreement executed in your favor.
You can ask him to execute a supplement agreement with specific mention about this or else you may not claim your rights at a later date.
Querist :
Anonymous
(Querist) 23 November 2023
For supplementary agreement do I have to pay the stamp duty??
kavksatyanarayana
(Expert) 23 November 2023
Yes. You have to pay the stamp duty on the supplementary agreement.
T. Kalaiselvan, Advocate
(Expert) 23 November 2023
The supplementary agreement can be executed by an unregistered document also because it is a continuation to the principal registered document.
Querist :
Anonymous
(Querist) 23 November 2023
Thank you all so much.
My agreement has one statement:
All the terms and conditions of the Builder's Agreement will be applicable to this Agreement.
Will this suffice the purpose for parking as the original builder agreement to the seller has all the parking space related queries
kavksatyanarayana
(Expert) 23 November 2023
I opine the stamp duty shall be paid on the supplementary agreement ( rectification of omission). What says the builder Agreement? So you can ask him to specifically mention the parking area in your agreement to avoid complications.
T. Kalaiselvan, Advocate
(Expert) 23 November 2023
The supplementary agreement can be specific about the allotment of parking space in order to ensure ther is no ambiguity which may raise a fresh cause of action to dispute regarding the parking space allotted to you.
Querist :
Anonymous
(Querist) 24 November 2023
Hello Kalaiselvan sir,
What is meant by *supplementary agreement can be executed by an unregistered document *
Agreement copy withou stamp duty n rrgistation in the registrat. My property is in mumbai
T. Kalaiselvan, Advocate
(Expert) 24 November 2023
If the principal sale agreement was executed by a registered deed and if any supplementary agreement is intended to be executed for including any new covenant or clause or for excluding any existing condition for the reasons stated therein, it will be considered as a continuous process, hence it is not mandatory to get the supplementary deed registered by paying stamp duty
Querist :
Anonymous
(Querist) 24 November 2023
Hello Kalaiselvan Sir,
Registration and Stampduty of the original agreement was executed on 3rd of October and the payment is done for the same. 9900000 is the total property values , so I had already paid approx 625000. Even if Registration is involved in supplementary agreement, how much more it would cost? Do We still have to biometric and signature at the registrar office
