Seller is not transferring the Parking in my name.

Querist :
Anonymous
(Querist) 31 May 2011
This query is : Resolved
I bought a resale flat along with a stilt parking in an under construction building which is 95% complete and registered the agreement on 27th April 2011. The deal was that there will be 2 components, Cash component and the check component. The agreement value is Rs.20 lacs of which Rs.16 lacs is my loan from a bank .I paid the cash component of the flat as well as for the parking at the time of registration along with a cheque of Rs.4 lacs which was the margin money . I have got the NOC from the builder in a prescribed format of the bank. Now when I went to transfer the parking in my name the seller is refusing to give me the NOC which is required by the Builder to transfer the parking in my name. The bank has paid him the 95% of the loan amount and the balance 5% is still with the bank. Please suggest what can be done if the seller doesnot give the NOC for transferring the Parking in my name as I had paid him the amount in cash for which I have no receipt.
bhagwat patil
(Expert) 31 May 2011
if it is a resale flat, check the original purchase deed of the seller , if it contains the parking easement right then you will automatically get the parking place,builder does not come in picture.

Querist :
Anonymous
(Querist) 06 June 2011
No sir, The parking is optional therefore it is not mentioned in the agreement. Can the seller sell the parking to somebody else.