Builder Parking Allotment post conveyance deed Builder Parking Allotment post conveyance deed

2 years ago

Hi Team,

Below is the case , i have bought a Apartment in Pune area directly from the builder, but society is old and conveyance deed has already happened in one year before i bought this apartment . Builder has given me Parking allotment letter and in my sale deed , its mention that this apartment has one open parking and one covered parking but parking slots are not mentioned .

my question is >
1)Does Builder has authority to allocate Parking after the conveyance deed ?
2)if not , then what are the option i have ?

Regards,
Vinit Kumar

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
My answers are as follows:
1)Does Builder has authority to allocate Parking after the conveyance deed ?
Ans: The builder cannot change the boundaries and location of parking place after execution of sale deed in your favour.

2)if not , then what are the option i have ?
Ans: You may seek a direction from the Civil Court to the builder to retain same parking place for you as stated in the Sale Deed.

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Dear Client,
1) Yes, the builder has the authority to allocate parking after the conveyance deed.
2) The terms and conditions contained in that Conveyance Deed will take precedence, hence it is vital to check whether that Conveyance Deed contains such provisions.
Let us know if you require any further assistance!
Thank you!
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Yes the Builder can,however, the terms and conditions specified in that Conveyance Deed will prevail in this regard so it is necessary to scrutinize whether that Conveyance Deed has such terms or not.
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