I need your expert advice regarding car parking in residential project.
I would state the following facts
—–Date of flat allotment: 03-10-2012
—–Sale agreement is duly registered and stamp duty is being paid on 06-05-2013
—–Date of Registration and stamp duty payment : 06-05-2013
—–The said property is mortgaged to SBI bank and I have already paid more than 10 EMIs
Actually, Builder himself in the sale agreement has clearly mentioned as follows;
1)……………..”the purchaser(myself) agrees to purchase and acquire the flat no 402 admeasuring 56.009 sq.mtrs + terrace admeasuring 4.275 sq.mtrs along with still car parking for a total consideration of 23,25,000/-…………….”——————————————
2)……………If the car parking space under the stilt or open car parking is available, then on application that may be made by the purchaser the BUILDER shall consider to sell the same for a price of……(not mentioned in the agreement)……for car parking under the stilt or open car parking space. —————–
Now, does it imply
—That the builder has already allotted stilt car parking to me?
—Now I do not need to apply for stilt car parking from the builder?
—In such scenario, shall I be applying to the builder for stilt car parking?
—Also, shall I be paying “extra” to the builder for stilt car parking?
—Has Builder goofed up in drafting the clause of car parking in the sale agreement?
Kindly apprise me that,
—Shall I make a Car parking sale agreement and register it?
—What documents (regarding the stilt car parking sale) should I take from the Builder, which confirms my ownership on the stilt car parking?
Now, the Builder has started demanding the car parking charges from me.
I C Naik
You have paid Stilt Parking purchase Price. So builder cannot ask any money.
The Problem is different. Builder has to apply for registration of the Society as chief promoter and all purchasers being the Co-Promoters.
As per Supreme Court order [Nahalchand Laloochand P.Ltd vs Panchali Co-Op.Hng.Sty.Ltd on 31 August, 2010. Author: R Lodha ?] builder’s sale agreement to flat purchasers is not binding on the Society. So it is necessary that the flat purchasers unite and apply for registration of housing society forthwith.?