Parking reference in agreement
vijjay
(Querist) 09 January 2013
This query is : Resolved
hi..i need one urgent help here..i buyed flat with parking in 2009.the agreement for sale was done in 2009..it had line "flat sold with covered parking"
then builder called me and said he wants to do deed of correction for removing lines which had reference to parking in agreement.
he said reason is this is adding more stamp duty and some legal things which i could not gather properly. he said he will give parking reference in notatary.
then we did deed of correction.
then he gave me notatary for parking. last year i got deed apartment (i think this is same as deed of apartment) which has reference to my parking.
so my question is do i have valid parking? or i need to fight this out with builder.
i will also be helpful if someone could give me reference of lawyer in pune to meet personally..
thanks a lot in advance.
he said
Daksh
(Expert) 09 January 2013
Dear Vijjay,
In view of the CCI judgement in DLF Case now the Parking cannot be sold independently as such the builder might have tried to change the covenant. It implies that although the builder has charged seperately for the parking charges but has in view of the change in agreement has shown that the same has been given along with the sold flat. Hope this clarifies the issue.
Thanks and best regards
Daksh
Raj Kumar Makkad
(Expert) 09 January 2013
Nothing can be got commented without going through your deed of property which you referred, however, it is true that space of parking is common for all residents and cannot be sold out by builders to a particular person.
vijjay
(Querist) 10 January 2013
thanks for the replies.
so daksh what i get from you is he changed for a judgement as in DLF. but as he has mentioned in deed apartment the parking, it is valid for my flat i.e my property is flat with parking right?.
thnx in advance
Kiran Kumar
(Expert) 14 January 2013
Daksh has advised rightly and you have got the correct inference from the advise.
ajay sethi
(Expert) 14 January 2013
builder has no powers to sell the car parking slot .
Raj Kumar Makkad
(Expert) 14 January 2013
Even if builder has sold the parking place, such sale-deed is illegal and is null and void before law.
prabhakar singh
(Expert) 14 January 2013
Such a sale deed would treated unlawful and void for car parking slot but for rest it shall be valid and lawful .
