NVAshish (Mgr) 26 April 2017

Sale of alloted parking

Respected Sirs

I have purchased a flat in Building 2003.

In 2006 ; I have purchsed the Open parking from buider ; via agreement ; duly registred ; which mentioned allotment of parking space for the owner of said flat.

In the agreement with builder ; It is clearly specified that , the said parking was property of builder & alloted to me till conveyanc of the society is done. At the time of conveyance , peaceful possion to be handed over to builder. Also It has to be used for parking of my own car.

I want to sell the flat now. + No conveyance of society is done so far. Land belongs to builder only.

I need the opinion on :

1) Can I transfer the Allotment of the parking space to prospective buyer of the flat?

2) whether NOC of the builder is required for such tranfer.?

3) What is legal postion of such Transfer ?

Please advise

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 26 April 2017

Builder is the owner till conveyance is done. You must take NOC from builder. After the Land and Building is conveyed in favour of the Co-operative Housing Society and the Title of the property is fully and finally recorded in the Property Card and other Revenue Records then only the Co- Operative Housing Society becomes absolute owner of the Property & the Title of the Co- Operative Housing Society becomes completely free and marketable.