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Jimit kothari   16 August 2015

Parking slot issue

Facts.

Mr.A has purchased a flat from builder in 2009. in 2010, the builder has alloted Mr.A a parking Slot in writing in Allotment Letter of PArking.

Now, in 2015, Mr. A has agreed to sell the said Flat to Mr.B. 

In the Agreement to sale, it has been been Metioned that Mr.A has agreed tp transfer the right, tile , ownership of the flat along with the parking slot.

while applying for the NOC the society has objected the the clause mentioned in the Agreement i.e. "Alongwith the Parking Slot" stating that the Parking Slot is the property of the Society and Ownership belongs to society and it cannot be transferred.

Issues:

1) is the Society's Objection correct ?

2) if Yes, What should the Mr. B do ?

3) Society first asked the Mr.A to make an Affidavit for nullyfing the Clause of Parking and now Society has demanded the Deed of Rectification. So is a Affidavit Sufficient or Deed of Rectification is Complusory.?

4) Can Mr. B claim the PArking ?

Please Advice.



Learning

 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     16 August 2015

yes, open parking space is the ownership of the society only. flat owner cannot sell the same while selling the flat. society is right in this regard.

Flat owner needs to recover the said amount from the builder. if the flat onwer wants to claim the money back. Also, registered rectification deed is compulsory, if the sale deed is registered between buyer and seller.

 

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

Bharatkumar (ADVOCATE )     17 August 2015

Builder give a parking letter for only right to use for the purpose of conveniences better administration and management.

If Builder write a slot parking details in registered Allotment Deed of Mr. A then Mr. A write a said details in Agreement for sale and sale deed. 

OR 

If builder not write a slot parking details in registered Allotment Deed then Mr. A not write parking details in Registered Deed.


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