Rectification of parking no through deed of declaration
2 years ago
I have bought a flat in newtown, kolkata and did registration on March 2022. But after registration it was identified that the parking no. allotted is a open parking which is not as per the sale deed where it is mentioned under roof parking. On pointing the same to the developer , they have agreed upon assigning me a parking no. which will be a under roof one by execution of registered deed of declaration to rectify the error.
Note: Parking space sq.ft is same only.
Please suggest if it is the right process to rectify it and also in the deed of declaration developer side advocate mentioned my signature is required only in the deed of declaration.
You may get issue a strong legal notice followed by petition before consumer court for mandatory injunction and for huge compensation.
If they are ready to allot you a different parking as per your choice then deed of declaration can suffice but ensure that the deed of declaration is registered with the sub registrar to make it legally valid in all terms
I’d suggest you to take advice from a local advocate who can go through the deed and take further action.
Advocate Sinjari Bandyopadhyaya
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