Selling of parking area

Querist : Anonymous (Querist) 07 January 2023 This query is : Resolved
Dear Sir
I live in an apartment with six flats only. The apartment was built in 1989. The builder had some areas under his possession till now, but sold it to a resident of the same apartment. Yet one common parking area is not been allotted to any one. Can the builder sell that any residents of the apartment. FYI it is currently used as common parking space.

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kavksatyanarayana (Expert) 07 January 2023
Builder cannot sell the apartment except his allotted flats.

Querist : Anonymous (Querist) 07 January 2023
Can he sell the parking (which has not been allotted to any flat) to the resident of the same apartment

kavksatyanarayana (Expert) 07 January 2023
If the parking area is mentioned in the sale deeds of all the owners, then he cannot sell the parking area.

Advocate Bhartesh goyal (Expert) 08 January 2023
Parking space can't be sold legally, if builder tries to sell then any Appartment flat owner can seek injunction from competent court.

Sudhir Kumar, Advocate (Expert) 08 January 2023
wording in agreement is relevant.

SHIRISH PAWAR, 7738990900 (Expert) 08 January 2023
Hello,

Yes, the builder cannot sell the parking. You can file suit for injunction and declaration against the builder.

Dr J C Vashista (Expert) 09 January 2023
I agree with the expert advise of experts, parking cannot be sold.
If parking has already been sold you should seek an injunction and get it declared illegal and invalid transaction from area Civil Court through a local prudent lawyer.

T. Kalaiselvan, Advocate (Expert) 09 January 2023
The builder is bound to provide parking space to each apartment and he cannot sell the same separately.
The parking space is part of the apartment sale consideration amount hence selling it once again separately is an offence an an illegal act.
The builder can be dragged to consumer forum as well as before RERA.

R.K Nanda (Expert) 09 January 2023
builder cannot sell parking space.

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