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Legal way to own car park in mumbai

(Querist) 23 March 2012 This query is : Resolved 

Now how does one buy a car parking alongwith flat and what is the document required(Mumbai):
1) will allotment letter from builder be binding on society?
2) Can builder take refundable deposit(not sale) and allot a car park/
3) will allotment letter/deposit slip be binding on society?


This query was asked earlier and it emerged that one way is to make it part of registered sale deed,however if builder does not own car parking space(i.e. not part od saleable fsi) will a registered sale deed be valid?

previous replies were not giving solution hence this repost

M V Gupta (Expert) 27 March 2012
The Bombay HC held in several recent cases that parking space is not a salable area and any sale of the parking area by the builder is not binding on the Society. the Society can allot the space as decided in the general body. If the builder has collected from u any money for the allotment of the parking space, u may demand for refund of the amount.The legal way of getting the parking space is through your Society.


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