AK 07 May 2021
AK 07 May 2021
Thanks for the reply.
Builder is saying side letter that he will be giving and allotment letter would be fine and there wont be any issue later on. He is not ready to amend the aggrement.
Does Changing aggrrement will lead to payment of more stamp duty?
Dr J C Vashista (Advocate) 08 May 2021
Parking can not be sold (legally).
It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
AK 08 May 2021
Thanks for your reply.
But i have been told that covered parkings can be sold by builder.
Also they dont show a seperate cost in their c9st sheet for the same bit mention there as car parking included.
Even in the sale deed they are just mentioning number of parkings included irrespective of its area or place 9f parking.
SHIRISH PAWAR, 7738990900 (Advocate) 08 May 2021
Builders are not entitled to sell open or covered parking to anyone. However, if the builder has taken the money and mentioned about the allotment of parking space in the agreement and did not mention the parking no. then you should insist on amendment of the agreement. As not mentioning the parking number makes it doubtful.
Kishor Mehta (CEO) 08 May 2021
Stilt parkings (covered parkings) and open parkings can not be sold or allotted by the builder/developer. He can sell only garages constructed as per pemitted plans.
T. Kalaiselvan, Advocate (Advocate) 08 May 2021
builders do mention parking area in agreement.
builders often take advantage of this and leave homebuyers cribbing and cursing,
As a buyer, you must make sure that the Builder-Buyer Agreement mentions a covered-car parking, if you are paying for it. In one instance, a buyer found the agreement stated an open car parking, which he got changed at the time of registration to covered parking, which he paid for. The stamp paper to register your house must mention covered-car parking.
Even when it is mentioned in the Builder Buyer Agreement, the exact slot is often not mentioned. The buyer must get this allotted from the maintenance office of the builder.
There is no comprehensive policy related to parking space in high rise societies. The realty act treats open spaces as part of common areas, which cannot be sold.
In the Nahalchand Laloochand Pvt Ltd versus Panchali Co-operative Housing Society case in Mumbai, the Supreme Court upheld the Bombay HC order which ruled that open parking spaces cannot be sold by a builder.
"The law is not clear on parking spaces in highrise societies. Builders can sell covered parking spots but it varies from state to state. Some builders mention parking spots for owners and ensure that it is done transparently while others leave it upon the residents to decide or distribute on a 'first come, first served' basis. RERA, too, is not very clear on parking spaces. In a state like UP, builders can charge for stilt parking but in states like Haryana, they cannot. Buyers must check the Builder-Buyer Agreement specifically mentions the parking slot, if they are paying for it. The builder must provide parking if he has charged for it."
You can drag the builder to consumer forum if he is not obliging with the agreement already agreed about allotting the care parking space.
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