Stilt parking sale by first buyer to the 2nd buyer.
V Srinivasan
(Querist) 06 December 2013
This query is : Resolved
Dear sir
In our society on flat was purchased by A in 2004 and registered for a carpet area of 485 sq. ft. Subsequently the builder has allotted a car parking by way of letter for a consideration of Rs.1.00 lac and this has not been registered.
Now A has sold the flat to B and in the sale agreement it is written that carpet area of 485 sq. ft along with car park no 17 has been written.
Please clarify whether the second buyer have right for the car parking in view of the latest supreme court judgement and will be happy if you can quote the relevant passage in this regard.
Yours sincerely
V Srinivasan
ajay sethi
(Expert) 07 December 2013
repeated query
R.K Nanda 
(Expert) 07 December 2013
repeated query.
Thyagarajan
(Expert) 07 December 2013
Firstly the builder has no right to sell car parking place separately and u should not have accepted his offer and paid money separately.
Resale deed can only reflect the property schedule shown in original sale deed.
The car park can be sold but can not be registered.
Kishor Mehta
(Expert) 07 December 2013
Sir,
With due respect to the experts;
[1] Builder can not sell or allot car parking space,
[2] The member also can not sell or allot the car parking space,
[3] The allotment of the car parking space has to be done, according to the car parking rules, by the managing committee of the society.
Good Luck,
Kishor Mehta
Raj Kumar Makkad
(Expert) 09 December 2013
We do not address repeated queries as a matter of decision though kishor ha properly address your query.
