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Rajesh Awate (Senior Software Engineer)     18 April 2017

Legal proof of flat parking by builder

Hi,

I have booked a flat in Wakad, Pune. I have some queries regarding legal procedures around it.

As I have booked late builder is saying that I will get 1 semi-covered parking (which is nothing but open parking with some shed) with my decided package. He gave me another option to pay 2Lakh rupees extra in cash and get double covered parking under building itself. He is not giving any receipt for this extra payment and neither ready to mention about this double parking in flat agreement. He said that he will give allottment letter on its letterhead to which I'm not quite satisfied. Other than this he said that he will mention about this double parking in Apartment Deed document. Thats what he can do atmost.

Is it OK if details about parking is mentioned in Apartment Deed document and not in flat agreement? Will that be legally valid so that I will not get into any legal touble in future?

Also, what is the importanc of Apartment Deep document over flat agreement?

Please help me out here so that I can take decision accordingly.

 

Thanks in advance.... :)



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 2 Replies

H.JanakiManohar Rao (lawyer)     18 April 2017

As per aportionment of total flats u will have propotioate area in marking.So there is no quetion of again allotment of car parking.There is no sale of car parking by d builder.U approach an advocate who is well versed in apt act.

Rajesh Awate (Senior Software Engineer)     18 April 2017

Hi,

Thanks for your feedback.

Actually in given building/wing ("A") there are total 72 flats (6 flats per floor) and parking is at ground floor only. In that one, there are limited single covered parkings which will be allotted to flat owners who has booked before me (this is what builder has said). Now for flat holders like me who have booked late, builder is allotting 1 semi-covered parking per flat (for which also he is not going to mention in flat agreement). Other than single covered parkings at ground there are some double covered parkings available at ground floor, which builder is offering by paying an amount of 2Lakh extra in cash only.

Now, as there are already limited parkings available for given building compared to total number of flats, I guess those many parkings will not be sufficient. And in such situation if I go for double covered parking and in future after society formation, society decides to dissolve parking allottment done by builder and go for reallottment of parkings, will Apartment Deed document will be legally valid to claim my double covered parking? This is what I'm worried about.


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