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Niwa (retd)     12 March 2026

A recital in a supplementary agreement between landlord and builder

Hi everyone, this is with regard to extra parking place available in a 5 storey building with two flats in each floor.according to development agreement (2012)between landlord and builder get 50% each in the entire premises.later they entered into supplementary agreement ( 2012) with more details of flats, (with numbers and each flat with a parking provision with 40sq yards undivided share of each flat owner out of total 400sq yrds.accordingly builder sold sway his share of 5 flats and landlord sold away his 4 flats except one in which iam staying since 2014 because iam his brother without rent.In 2017 one of the flat owner asked my brother to convey rights for 11th parking space which is vacant.since there was a recital about that place in supplementary agreement,my brother executed a unregistered document on ₹100 stamp paper conveyed right to use for parking his second car for some consideration transferring directly to my brother account and since (2017)then he is in peaceful possession enjoying with out any objection from any of the flat owners.later in 2023 my son bought the flat in which we were staying (the 5th flat of the landlord (brother) with a regd saledeed.For some other petty reasons one lady our opp flat owner pestering me publicly that 2017 transaction about second parking place is not registered and invalid & all flat owners have a stake in that sale consideration which has to be deposited into common fund with interest accrued.pl suggest what to do.Iam quoting the recital as it is "Landlord agreed to the developer to construct office room under water tank with bathroom and coffee machine room And Developer agreed to construct a room in one parking area for the land owner". At that time itself I asked builder not  to construct the room in stilt which may be demolished by authorities as illegal if anyone give complaintso it is kept open.eventually the room constructed on terrace was not shown in original plan submitted to authorities was taken over by all flat owners including myself cooperating with them. But with regard to extra parking place which was in approved plan gave me confidence that my brother has got every right to transfer to anyone for consideration. So pl analyse the situation and advice.



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     13 March 2026

Any advice rendered without perusing the agreement or the supplement agreement would be a misguidance,  hence you may better consult a local advocate for more clarification 

 

Dr. J C Vashista (Advocate )     13 March 2026

It is advisable to seek professional services of a local prudent lawyer for proper appreciation of facts/ documents, guidance and necessary proceeding.

P. Venu (Advocate)     15 March 2026

Any meaningf suggestion requires that the document be perused and issues doscussed.


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