Parking space
Jayant
(Querist) 09 January 2016
This query is : Resolved
I had bought a flat in mulund in year 2005 and got it registered. Subsequently the builder sold me a stilt parking space which was not registered but has a separate notarized document in my name for the same.
Now I intend to dispose of the flat and parking space separately as the buyer who intends to purchase the flat does not want the parking lot . I sold the parking separately to a member of the society. We made a sale deed for the parking and got it notarized .
Now the society is refusing to give me a NOC to sell the flat citing the reason that I should not be selling the parking lot separately and I need to sell it along with the flat. What options do I have? Is the society correct in denying me NOC? please advise
Thanks
Rajendra K Goyal
(Expert) 10 January 2016
Stilt parking can not be sold as per Supreme Court ruling.
Adv. Yogen Kakade
(Expert) 11 January 2016
Such parking is merely a facility given by the builder for the flat owners. It can not be charged/ sold.
Hemant Agarwal
(Expert) 13 January 2016
1. The CHS is not the owner of the Parking Slot, IF "conveyance" of the plot is not registered in favor of the CHS.
2. NOC is "NOT" required from the CHS for selling Flat. Hence a flat can be sold WITHOUT the NOC of the CHS.
3. CHS has no jurisdiction to object about the Parking Slot (subject to point no. 1(above)).
4. Typically the Flat and the related Parking slot, is sold together and not individually.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Jayant
(Querist) 13 January 2016
Sir,
Thank you very much. I really appreciate for your efforts and time taken in analyzing my concern and then providing me a suitable solution.
Sir I need some more clarification.
1. NOC i am asking from the society because the prospective buyer of the flat needs to apply for the loan and his bank is asking for the same.
2. How can I find out this - IF "conveyance" of the plot is not registered in favor of the CHS ?
3. Last but not least my flat registered agreement and parking space allotment letter are two separate documents , that is I bought flat first without the parking space and after few months of registering of the property builder approached and allotted me parking space at a favorable rate with a separate allotment letter .
K.S.Srinivas
(Expert) 23 January 2016
Flat and parking slot should sold together but not differently. Let the prospective buyer convince the bank that the owner of the flat has given willingness letter to sell the property tho him.
