Enquisitvemind 28 July 2016

Legality of parking space in sale deed

Respected Lawyers,

I am purchasing a property in Navi Mumbai, Maharashtra in a newly developed CIDCO node. The builder has asked me to pay 2.5L for a parking space which he says he will allot me officially during society formation. I understand that builder can not sell parking spaces as they fall under common areas & not in "Flat". There are only 35% parking slots available & I do require a parking area for my car.

1. Is it true that if parking area is mentioned in schedule C of sale deed then it is legally assigned to me permanently? (Ref:https://www.deccanherald.com/content/262887/paid-parking-your-flat-youve.html)

i.e. Society can not change the allotment to other members by a lottery.

2. Can builder include parking space in sale deed as of 2016?

3. If I trust the builder & pay him 2.5L what precautions should I take to recover this amount in case of break of trust in future? e.g. paying by cheque & taking acknowledgement receipt. If such receipt is taken then what is the legality of it in court?

4.Any other suggestions for someone like me who has no option but to pay the builder for a parking slot & avoid future legal implications after the society formation?

Thanks in advance.

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4 Replies

Bharat Vakil 28 July 2016

Thanks Enquisitivmind for a very thoughtful question.I will await keenly the answer.

Kumar Doab (FIN) 28 July 2016

Has the builder asked in writing?

Enquisitvemind 29 July 2016

Originally posted by : Kumar Doab
	Has the builder asked in writing?

Apologies but I did not get your question.

Enquisitvemind 07 August 2016

Update: Builder has told me that since agreement has been done there will not be a sale deed now & he can not include parking in agreement either so that option was out sine the begining.

2.5L has to be paid in cash & there will be no receipt.

He has given me sample of allottment letter that he has said that he will give on his companies letter head. This letter mentions that space number _____ has been allotted to flat number _____.

Instead of 2.5L it mentions amount of only Rs. 1000.

There are 55% parking slots against number of flats. (Earlier I had mentioned 35% only)

Builder has again said that he will form the society & after formation of the society the parking space will be officially allotted to me.

My updated questions:

1. Can the society nullify the allottment after sometime?

2. I do not have any other option but to buy a parking slot as parking outside is not an option'.

3. Any other suggestions for someone like me who has no option but to pay the builder for a parking slot & avoid future legal implications after the society formation?