Builder ready to sell extra car parking--can we buy?

Sada (Querist) 16 October 2012 This query is : Resolved
Hi All,

i have purchansed a flat in HYD and with 1 car parking and the appartment is having 20flats and builder has 22 car parking slots 1 being used for other purposes and builder has approched me if i can buy the unsold/extra car parking for extra cost.
1)leagal rights of builder to sell extra car parking, 2)can we register the parcing slot, 3) i am planing to ask no objection from flat owners from bulder to avoid future problems.
please advise me...

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Devajyoti Barman (Expert) 16 October 2012
What do you mean by 'other purpose'. If the same is not meant for common purpose and the developer has its right title and interest over it then you can safely buy it.

malipeddi jaggarao (Expert) 16 October 2012
Scrutinize the development agreement with builder with owners of the site. Then also scrutinize some of the sale deeds entered into among the builder/owners of the plot and purchasers of the flats. This will give you clear idea about the rights on the parking area. If you are satisfied that the rights are absolutely vested with the builder, you can go ahead.

Sada (Querist) 16 October 2012
1 car parking is used for --other purpose i mean electricity boards and genarator and the 2nd he is ready to sell it, so is it safe to buy...?
i heard there's some SC ruling regarding the slit parking?

ajay sethi (Expert) 16 October 2012
builder has no powers to sell stilt car parking slots

INGLE G.[ADVOCATE]9421657505 (Expert) 16 October 2012
mr sada HONBLE SUPREME COURT CLEARLY SAID THAT BUILDER HAS NO RIGHT TO SELL ANY PARKING .IT IS MANDATORY PROVISION THAT BUILDER CAN NOT SELL CAR PARKING AND BUILDER HAS TO PROVIDE PARKING ABSOLUTELU FREE FOR EVERY FLAT OWNER.AND THERE SHOULD NOT BE TITLE/RIGHT OVER OPEN SPACE OFBUILDER.

Guest (Expert) 16 October 2012
Your money will be waste, if you buy a parking lot, as neither the builder can sell the parking space, nor you would be able to sell later, as the same is meant for free use.

K.K.Ganguly (Expert) 16 October 2012
Car Parking space is treated as common area as per S.C. decision. I hope that your car parking slot is nothing but car parking space.

Carefully examine the development agreement based on which the Flats have been constructed & also the sanctioned plan. The builder can not pass on the title of anything to you which he does not possess.

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