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I have a query regarding Sale deed and car parking, can builder sell parking, What are my option ?


04-Oct-2024 (In Property Law)
I booked a ready to move in flat. The builder included 3 lacs for car parking in cost sheet. I agreed to that. He sent me a draft copy of sale deed on which he mentioned the car parking number along with house details. After I gave him the first 20 percent check for first installment he provided me the modified sale deed on which the car parking not mentioned in sale deed. He also got 0.1 percent for franking charges. Kindly advice me whether the car parking details should be mentioned in sale deed or not? Still I have not signed the sale deed.Kindly let me know whether the builder can complete the franking formalities without my signature in sale deed. Thank you.
Answers (2)

Answer #1
578 votes
Discuss with him about the change of agreed clause if he doesn't accept or replies in vague manner then cancel the purchase as you have not signed on the sale deed there is nothing to worry because you have to be present at Sub Registrar office while entering into an sale deed with your signature. As I mentioned if you don't get proper solution the issue a legal notice by cancelling the sale transaction with him, If you have entered into an sale agreement then go through the clause and conditions of the same and find out whether the act of builder comes under violation of the agreement even otherwise he has to comply as he has taken Rs.3 Lakh by mentioning in the cost sheet. Without your signature franking done on any document is not valid. Hence Contact advocate after cautioning the builder about his unlawful act.
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Advocate Rajesh K.S

Adv. Rajesh K.S

LawRatoBangalore / Bengaluru | 700+ Answers
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Answer #2
958 votes
in case Car Parking space is not mentioned in the schedule to the sale deed, then your seller is not selling the car parking space to you. You will get only the flat. Therefore it is necessary to mention the Car Parking Space in the schedule to the Sale deed with a recital in the sale deed that the sale includes sale of parking place along with the flat. As long as sale deed is not signed by you and registered, you will not become the owner. Mere franking does not mean anything. It is wise not to pay further instalments till proper agreement to sell the flat along with the Car Parking place is executed by both the parties.
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Advocate G M Paramasiviah

Adv. G M Paramasiviah

LawRatoBangalore / Bengaluru | 25+ Answers
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