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Is parking allotment letter enough without having it in sale agreement


07-Jul-2023 (In Civil Law)
Hello Sir, I have booked a new flat without car parking a month ago and aggrement for sale is done. Bank has also disbursed the loan amount to builder. Now builder is saying he has one covered car parking available and he is ready to sell. however as aggrement is already done he said he will give allotment letter only and will not amend the aggrement. Can you please advise on below - 1)parking allotment letter for covered car parking is enough without having it in aggrement? 2)Is it possible to amend the aggrement and add covered car parking in it without increasing aggement cost? 3)does society has any rights to change parking allotment in future? Thanks.
Answers (2)

Answer #1
864 votes
Hello,
i would answer to all your query in chronological order very firstly it is very important to have a sale agreement for your parking because only allotment letter is not enough their was the landmark judgement passed in 2017 by the apex court wherein they had mention the need of the parking agreement. the answer to the second query is yes you can always amend you agreement and that is known as supplementary agreement in this way you can always add the subtract the clauses as per your need. and lastly, Society doesn't have any right to change the parking in any manner.
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Answer #2
898 votes
Dear Queriest, as per your i would like to advice you that, this is a common thing now a days that Agreement for sale is done and latter the allotment of car parking is given. It was your prime duty to ask for the car parking allotment within the clauses of Agreement for Sale. But there is no issue that after Agreement for sale if he ready to give car parking allotment, its a common practice now a days and there is no need to amend the Agreement. The letter for Car Parking Allotment from the Builder is enough which would have a legal stand too. Society has no rights to change parking allotment in future.

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