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Senthil (Test)     29 March 2010

Common Car Parking

Hello, I purchased a flat in Chennai and Builder told me that Car parking would be common. In our building 5 flats are there but stilt car park space have the facility of only 4. There is no reservation made in the sale deed by the builder and UDS all registered to all. Lately, One of the flat owner coming voluenterly and ready to give is rights of Car parking space for some money to all other 4 people. He has agreed to give his rights in 20rs Stamp papper. What I need from the experts like you is,

1. Is it leagly valid if one of Flat owner giving his parking space rights to other 4 owner in 20 rs stamp paper.

2. Can we do the registration of parking space alone. Since the Parking space is a common to all I have the doubt like this.

3. If the flat owner who giving out his rights of parking space, sell his flat to some other one, Does the 20rs stamp rights still valid to remaining 4 and new owner doesnt have rights in car parking space?

Hope you all understand my question and clarify it.



 6 Replies

Gundlapallis (Advocate)     30 March 2010

Before buying the flat itself you should have checked this aspect.  But now since one of the flat owners is volunteering to give up his rights (though vague) it can be documented in favour of remaining flat owners.  Value of stamp paper and registration expenses, you can find out from your Registrar's office. 

 

Legally, in capacity as one of the flat owners of the building, yes he can relinquish his 'rights' for car parking - tomorrow if he is selling away his flat to anyone, he should sell the same without rights to car parking.  

 

After you register the said relinquishment deed - the rest of you, among yourselves can draft a deed  of agreement assigning the four slots available distinctively to each of you.  This need not be registered.  

Senthil (Test)     31 March 2010

Thanks for your wonderful answer, It cleared many of my doubts.

Still I have some queries.

1. Which area of the property will be calculated by the register office to find the stamp paper value?

2. Instead of one registration for 4 of us, Is it possible that each one of us get our own car park rights registered individually? I feel it will avoid confusion when I want to sell my flat in future..

3. You said, the owner who is giving rights to us, need to sell without car parking rights. How we will verify that he is selling without his rights. I am afraid, if that owner sell his flat without inform anything to the new owner about car park rights which he given to us. Because UDS is already divided proportionately   and sale deed is already registered.

Gundlapallis (Advocate)     01 April 2010

1.  A notional value will be taken.  He is just relinquishing his right to car parking - not the title or share of his ground in the property.

 

2. He will relinquish his right to car park in favour of remaining 4 flat owners in one document.  Later the remaining 4 flat owners make another deed of agreement where they will define the parking space of each and individual and there will be mention of the registered relinquishment deed in this document.  Tomorrow when you are selling your property these two documents form part of the title deed and in your sale deed you can mention about these deeds and incorporate parking rights you purchased and sell your flat with rights.

 

3. Thats not your headache - even if HE sells his property without disclosing of his relinquishment of parking rights, the buyer cannot take any action or claim any right against you when you show him what his previous (original)owner of the flat committed to you.  The buyer can only proceed against his seller for not disclosing the fact. 

pavan (accounts manager)     14 April 2010

i purchased a flat in hyderabd my builder is givining parking space to near by appartment owners in our parking space he can give that or not .what should be the space of earch parking for individual

Gundlapallis (Advocate)     14 April 2010

No, he cannot give.  The ground belongs to you all the flat owners of that particular building.  Outsiders will not have any rights in your ground area.  Raise your objection with the builder.

pavan (accounts manager)     28 April 2010

thanks for you suggestion but the builder mentioned in our sale deed that we don't know after taking over that flat he told me what can I do now.

 

Please mention me area for each car parking


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