bharadwaj10 19 April 2015
Sir,
i am a resident of Shree Kutir Society in Navi Mumbai, had purchased flat from the owner in year 2009, owner had two agreements one for flat and another for parking space which he bought from builder. I did not buy the parking space and only bougth the flat under proper documentation. Now the parking space does it belong to the previous seller or to the society. Whether the previous seller can claim him right on the parking lot.
If i am selling my flat is there any liability to my end
Q Slinger (NA) 19 April 2015
parking belongs to the buyer...you can imagine is a small flat without walls which the buyer purchased. there will be no liability on your part.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 April 2015
It belongs to previous seller. “The Maharastra Owners Flat Act,1963, didn’t lay down anything in particular on the issue of parking. Developers are anyway known to take money in black for parking spaces. At least with the new law making it mandatory to specify the amount of money taken for parking spaces in the agreement, it will be more transparent.”
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 20 April 2015
It belongs to previous seller. “The Maharastra Owners Flat Act,1963, didn’t lay down anything in particular on the issue of parking. Developers are anyway known to take money in black for parking spaces. At least with the new law making it mandatory to specify the amount of money taken for parking spaces in the agreement, it will be more transparent.”
Kishor Mehta (CEO) 20 April 2015
Sir,
You have not clarified whether the parking space is a built garage, if not, the builder had not right to sell either stilt parking or open parking.
As the law stands today, the stilt parking or the open parking space belongs to the registered CHS, and it can allot the stilt or open parking as per the Bye-Laws of CHS on "first come first derved" basis. The stilt or open parking does not belong to the builder or the previous purchaser. There are judgments, of Hon. Bombay High Court & Hon. Supreme Court of India, recording this fact.
You can safely sell your flat and you have no obligations.
Good Luck,
Kishor Mehta
T. Kalaiselvan, Advocate (Advocate) 30 April 2015
Though the builder has no right to sell the parking space, it is prevailing situation across the length and breadth of the country that the builders while making an agreement sell the parking space too for a price. However the selling of parking space by the vendor now on a deed will be invalid because the vendor cannot claim rights over it legally.
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