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Sujeet Agarwal   15 August 2016

Parking area for new flat

Hello Sir, I am buying a new flat in Pune in a project which has already got the completion certificate from Municipal last week. As the property is ready to move , Builder is charging me as a package instead of bifurcation . He has confirmed that in the package all the charges are inclusive and also include Reserved/Covered car Parking but in agreement he is no where mentioning specifically that I will get the parking or which type of parking (Open/Covered) I will get as this agreement/Sales Deed. Parking Related Clause mentioned in agreement is as below: "a The purchaser/s shall be entitled to exclusively possess, use, occupy and enjoy the said terrace and / or parking space (if any) in the same way as the said Flat and the purchaser/s shall also be entitled to make use of the said terrace and / or common parking space, (if any) in any manner permissible under the rules and regulations of the concerned local authority ". "b The Purchaser/s shall become member of the Condominium of Apartment Holders or society. If the Developer transfers, assigns and dispose off the said open spaces, unallotted covered or open car parking, terrace, parapet walls, or other specified or unspecified spaces at any time to anybody the assignees, transferee and/or the purchaser/s thereof shall be admitted as members of the Condominium of Apartment Holders or society. The other Purchaser/s or his/her/their assignee or transferee will have no right to raise any objection of admitting such assignees or transferees or allottee or purchasers as member of Association of Apartment Holders or society." "21) Nothing contained in this Agreement is intended to be nor shall construed as a grant, demise or assignment in law of the said Flat of the said Property and building or any part thereof. The Purchaser/s shall have no claim save and except in respect of the said Flat hereby to be sold to him/her/them and all open spaces, parking spaces, lobbies, staircase, terraces, recreation spaces etc. will remain the property of the Developer. " Also, Currently there is no Plan/Diagram for parking in blue print and Total Parking count is written as 8 in 12 flats scheme building's blue print. Builder is Saying He will give the allotment letter for parking post disposal of all the flats in society (Currently 6 are remaining). 1) Please confirm if it is possible/Mandatory to mention in Agreement doc that Covered Car parking will be provided .(I am not asking to mention that it has been sold as this is illegal ,but just to mention it has been provided as Amenities or specification so that I have legal document). 2) In case it is not possible to mention in agreement will the allotment letter in Builder's letter head will suffice?. 3) Can builder's allotment letter be nullify by Society after society formation. 4) If It is not mentioned in agreement can I be left without Parking after society formation? 5) Is it illegal to mention this in agreement that covered car parking will be provided to purchaser.


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 5 Replies

Sujeet Agarwal   15 August 2016

G.L.N. Prasad (Retired employee.)     16 August 2016

It is always proper to be in touch with local advocate rather than soliciting guidance through open forum, as you have to seek his personal help in further steps and to make him accountable for his advice.

H.M.Patnaik (Proprietor)     16 August 2016

Dear Sujeet,

your basic fear is whether in absence of anymention of reserved parking space in the agreement with Builders, you have any right over such parking space allotted by Builders either through letter or verbally? It seems from your posting that there is shortfall of parking space for 12 nos. of flats offered for sale in the property developed by the Builder. Other clauses quoted from the draft agreement also strengthens your apprehension . Under the given circumstance , to play safe, you should get into te deal with assistance of an able lawyer, who can suggest proper documentation to the Builders to protect your interest.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 August 2016

The builder is not selling you any guaranteed parking lot. In Maharashtra there are Development Control Rules (DCR). According to DCR the builder has to provide certain number or parking lots based on the number of flats in the building and the sizes of the flats. Further he has to provide 10% additional parking for visitors. Mostly the builders flout DCR and cheat the flat purchasers. There is also a Supreme Court judgment applicable to Maharashtra according to which the builder cannot sell parking lots to flat purchasers. After the Society is formed all parking lots will belong to the Society and the Society will allot parking lots to members as per byelaws.

N.K.Assumi (Advocate)     17 August 2016

I absolutely agree with the expert Dr.MPS.Ramani Ph.D.[Tech].Yes, refer to MOFA, which has been enuciated by the Apex Court.But it is doubtful, whether the said pinciple can have unifom application in other Cities through out India.


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