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In my payment agreement can I mention builder allocated parking space
08-Mar-2023 (In Property Law)
I like to purchase a resale flat having parking allocated by the builder in his letter head, but not in agreement.Conveyence deed of the society is already proceed. 1. Now in my part payment agreement can I mention this builder allocated parking transfer to me, will it draw any legal viability? 2. If society gives Noc for transferring this parking then have any legal viability? 3. If myself and seller makes a MOU making society a confirming party that " society will not allocate this parking to anybody in future" then will it attracts my ownership till further sale
In the wake of the Supreme Court ruling the builders have no authority of law to sell any open space. Parking area being a common area is an open space which is beyond the selling power of the builder. You may challenge before the court the sale of the 4th garage to this person, but on this premise the sixth flat owner can also challenge the sale of parking space to you. So you will lose more than you gain.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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