Can builder sell car parking area
chandra hebbar
(Querist) 28 November 2016
This query is : Resolved
Hi,
I have purchased under construction apartment 3 years back and during that time I have not purchased car parking area separately.Because as per court of law builder cant able to sell car parking separately.Now I heard that law has been changed and he can sold car parking area separately. If yes what is the solution for my case.
Rajendra K Goyal
(Expert) 28 November 2016
Please mention the reference / detail of your information.
Kumar Doab
(Expert) 28 November 2016
Pls reply to the point raised by Mr. Goyal.
DR.VEDULA GOPINATH
(Expert) 29 November 2016
Mr.Chander Hebbar
Parking Area under various state laws (concerning ownership and construction of flats) comes under COMMON AREA.You have not furnished full information reg. location of the flat.
thus builder cannot sell the same.
cs dr vedula gopinath advocate/arbiterator
vgnath@gmail.com
chandra hebbar
(Querist) 29 November 2016
Dear Sir,
Thanks For your reply.
Actually I have purchased flat in Managlore,Karnataka.During agreement,builder asked me to pay car parking amount separately.But as per supreme court verdict especially Hirandani case ,clearly mentioned that builder can't sell parking area.But now some one informed me that present real estate law builder can sell car parking area also.Can you please confirm the same.
Rajendra K Goyal
(Expert) 29 November 2016
Ask the details of such rules / law from your friend.
Discuss with local lawyer.
Dr J C Vashista
(Expert) 02 December 2016
Earlier you did not purchase car parking and now ready to buy without any change in circumstances except the fact that construction is stated to be in progress??
Discuss with a local lawyer/tutor with case cited.
Advocate. Arunagiri
(Expert) 02 December 2016
Car parking can not be sold separately. There is no such new rulings.
Guest
(Expert) 02 December 2016
Director Arunagiri of Gemmia Oil Tech Ltd Well attended.
RAVI K GOUD
(Expert) 08 December 2016
It all depends on the terms of your agreement entered into with the builder.
As per terms, if you have agreed and given the option to the builder to sell the parking lot, then it becomes a legal tussle and the same is decided by the court.
OR
If you reserve your right to purchase the parking lot at the time of handing over or before, then the builder cannot sell the same. So go thru the terms of the agreement if the builder is given the option to sell and accordingly have the negotiations with the builder.
Kumar Doab
(Expert) 08 December 2016
Which real estate law you have referred!
Is it:
THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016
NO. 16 OF 2016
[25th March, 2016.]
http://www.indiacode.nic.in/acts-in-pdf/2016/201616.pdf
DR.VEDULA GOPINATH
(Expert) 09 December 2016
It is settled law car parking is taken as COMMON AREA . Thus parking place cannot be sold so also the stair case, entry gate, water facilities etc.
Dr vedula gopinath advocate/arbitrator
Guest
(Expert) 09 December 2016
A Precise Advise by Dr.Vedula Gopinath.In Many Apartments they them selves would share the car parking which they initiate as their own but Legally Not.
Kumar Doab
(Expert) 09 December 2016
Thanks to Dr. VEDULA GOPINATH
Rajendra K Goyal
(Expert) 09 December 2016
Well advised by the expert Dr. VEDULA GOPINATH agree to it.
Hemant Agarwal
(Expert) 10 November 2017
1. LEGALLY, Builder "cannot" Sell "NON-FSI consumed" Parking Slots .AND. Flat Owners "cannot" Buy such Parking Slots, simply because such Parking Slots are classified as "common open space" under the Development Planning rules and the MRTP Act.
2. Builder "CAN" legally sell "FSI-consumed & plan approved" parking slots and/or Garages. Such FSI-consumed Parking Slots will always be registered via a stamp duty paid Sale-deed.
3. "FSI-consumed & plan approved" parking slots and/or Garages, DO NOT fall into category of "common open spaces", and CAN BE SOLD /PURCHASED.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
