Apartment car parking number registration in sale deed
Sameer Chaudhary
(Querist) 26 July 2020
This query is : Resolved
Hi,
I recently purchased a flat in Bangalore from one of the A grade builder.I have been allotted TWO covered car parking (default+additionally bought).I have received the allotment letter from builder stating the total number and car parking location numbers.
Now i am about to execute the sale deed.The sale deed only mentions the total number of covered parking i.e. TWO but not the exact parking location numbers.My questions are
1) Is the current mention(allotment letter + sale deed only with total parking number sufficient to claim my rights over the allotted parking or exact parking numbers should be mentioned in Sale deed?
2) Mentioning the exact parking number in sale deed legally binding or provides assurance that i can retain the parking forever and can not be challenged by society member association(already formed)?
3)In late future e.g. 15 years if the parking numbers change or relocated by the association how that can be handled in sale deed(when exact numbers are mentioned).
Dr J C Vashista
(Expert) 27 July 2020
Space for parking of car can not be sold,
If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell car parking spaces as individual real estate units.
Rajendra K Goyal
(Expert) 27 July 2020
You said:
1) Is the current mention(allotment letter + sale deed only with total parking number sufficient to claim my rights over the allotted parking or exact parking numbers should be mentioned in Sale deed?
Reply:
Stilt parking cannot be sold. Your entitlement is mentioned in the sale letter, society may allocate accordingly.
You said:
2) Mentioning the exact parking number in sale deed legally binding or provides assurance that i can retain the parking forever and cannot be challenged by society member association (already formed)?
Reply:
In that case the parking area is sold as a part of the property. Society may not change the same.
Rajendra K Goyal
(Expert) 27 July 2020
You said:
3)In late future e.g. 15 years if the parking numbers change or relocated by the association how that can be handled in sale deed(when exact numbers are mentioned).
Reply:
Your entitlement may remain intact due to sale letter, number may change.
Sameer Chaudhary
(Querist) 27 July 2020
Thanks Rajendra for replying.I am seeking an advise whether is it worth mentioning the car parking number and locations explicitly in the sale deed?does it help and legally valid ?
Rajendra K Goyal
(Expert) 28 July 2020
If it is mentioned, it would be of much help for you and your title.
