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R   18 April 2023

Purchase of apartment and parking

I am looking to purchase an apartment with parking from a seller . He has two apartments in the same complex along with one parking spot per apartment , one apartment has parking spot with open parking one with closed parking . I am buying the apartment with closed parking , but the owner wants to keep the closed parking for himself and offering the open parking from the other apartment .  So do I need to make two separate deeds , one for apartment and one for parking spot. Moreover he will provide me his original purchase deed for the apartment , but he will provide certified copy of deed for the parking , this can result in dispute in future when he or I decides to sell the apartment . What solution can be provided for this?



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 2 Replies

Harinarayan R. Tripathi (Professional (Advocate))     18 April 2023

Parking can not be sold seperately it shall always go with the Apartment.  Parking area can be transferred alongwith the Apartment for which it has been allotted by the Society/ Developer.  You will get the details of parking area and its Apartment details in the Allotment Letter and hence it can not be seperateted by that.

T. Kalaiselvan, Advocate (Advocate)     18 April 2023

The parking space, as rightly observed the above advocate, cannot be sold separately, if he is not willing to part away with the parking space attached to the flat he is now offering to sell then you can refuse to proceed with the proposed purchase, because it would not be legal to buy the parking space allottted to  some other apartment


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