Is 2018 dated Parking Allotment letter a legally valid document?

969 votes

1. Validity of Allotment Letter Issued by the Builder: The Sale Agreement from 2015 explicitly states that no parking has been provided with the property. This forms the binding terms of the contract. The 2018 allotment letter issued by the builder, unless supported by an amendment to the original Sale Agreement or registered under RERA guidelines, may not be considered legally enforceable. As the Management Committee (MC) is following the agreement's terms, their stance appears correct if the allotment letter was not registered or does not comply with RERA requirements. Corrective Actions: Engage with the MC: Provide the allotment letter to the MC along with any supporting documents to ascertain if they can reconsider their decision. Request their acknowledgment of any such builder-issued document. RERA Complaint: If the parking was verbally agreed upon or indirectly included as part of the property deal, you may file a complaint with MahaRERA alleging unfair trade practice or misrepresentation by the builder. Legal Notice to Builder: Issue a legal notice to the builder, seeking clarification on the allotment letter's status and why it was issued contrary to the Sale Agreement. Amendment to Agreement: Seek an amendment or rectification deed for the Sale Agreement if the parking allotment is mutually acknowledged by the builder.

Advocate Jairam Chandnani LawRato