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rajagopal (owner)     05 September 2010

allotment of carpark -my rights

i have purchased & rigstered an apartmnet including covered car park. i have paid 95% of payment. My flat construction  is under finishing stages and i have not taken possision yet.

The covered car park are being alloted to flats owner for whom construction is completed and handing over is started . 

i recenntly came to kniow that i have been alloted a car parking , which is to not to my liking.

I have booked my flat in J block, whereas the car parking is being alloted in a different block P ,  which has much smaller stilt parking - with 8 ft wide entry, whereas all parking in J block are of 10-12 ft entry. Flat is j block are more expensive due bigger floor area.- compared to owners of P block , iImust have paid more and i feel i have right on J block.

Do i have right over the car parking in j block ? can insist that the parking should be alloted in the block i purchased ?

Car park allotement is done for all through separate letter and is not inlcuded in the agreement.

Please advice ! Can i get a legal solution ?



Learning

 3 Replies

R.Ranganathan (Advocate)     05 September 2010

You can demand car parking in your block itself. otherwise approach the court. But do it after take possession of the Flat or otherwise the builder will delay the handing over.

1 Like

m.kupparaju (Advocate)     08 September 2010

Mr.Rajgopal,

You said you have purchased and registered an apartment including car parking, I assume you have paid an extra amount for your covered car parking, which amount is added to the consideration amount.  I hope the Owner/Developer have clearly mentioned in the the Schedule of your Registered Sale Deed the alloted Car parking number, if they have mentioned the allotted car parking number, you are entitled to claim that alloted parking space as mentioned in the Registered Sale Deed. 

pravinsp (advocate supreme court)     10 September 2010

First of all a builder/developer/promoter cannot sell a car park  and secondly you cannot purchase the same. 


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