Original buyer who purchased flat from builder has in agreement mentioned parking not given. But he has parking allotment later received from builder. Now, as buyer when i am entering into agreement, we have mentioned that seller has been alloted parking space in parking tower based on parking allotment letter and I (buyer) will be entitled to this parking space free of any encumbrances on the payment of full and final consideration(Flat cost agreed and mentioned in agreement). Now, seller's lawyer is not mentioning abt parking in Schedule of the agreement citing reason as it was not in original agreement, now it cannot be mentioned whereas my lawyer is insisting to mention about parking in Schedule too. What can be done in this case? Can i pay additional stamp duty based on parking area just to safeguard my interest or it is not needed? If this paid, without parking being mentioned in Schedule , will it have legal holding? My purpose is to safeguard my interest to avoid any hassles.
A.Builders generally allot open parking which obviously is a Society property in due course of time and not an individual property as it is in case of dedicated, covered and paid/purchased parking which doesn't seem in the present case. Regards
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Jagannath S Pawar
Responded 3 years ago
A.It is ambiguous issue of rights and interests. One has to be very careful very initially in such cases as the builder has not specifically allotted your previous or initial purchaser dedicated and purchased parking. Free of encumberances and free of any future charges is a different thing. If it was not initially mentioned in the Agreement and so it is not rightfully allotted otherwise it would have come in Schedule and accordingly mentioned in the Ageeement. However take second opinion by showing documents to a good Lawyer (including us if possible) and then only take a right and final decision. For further elaboration plz contact through Vidhikarya. Thanks
A.Hi,
Insist on the parking being added to the schedule of the sale agreement. Alternatively, you can approach the builder to determine whether the seller has valid rights over the space. If he does not, you can make a representation to them requesting that they grant the space to you.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
You have a right to claim the parking space as it has already been allotted to the seller. You will have to insist on it being added to the sale agreement.
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Original buyer has in agreement mentioned no parking.
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