Legal Question in Real Estate Law in India

Car Parking


I bought my flat in Pune 5 years back. I did not buy parking that time. Our builder formed a cooperative society just 6 months back, but the Sale Deed is not yet done for the parking and the open area in the complex. In this situation, can I go to builder now and buy a parking from him? does builder still have authority to sell the parking? what if society says that it is not a legal purchase? Please advise.

Asked on 10/13/08, 10:55 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Car Parking

You need to consult your lawyer with copies of relevant document. In view of formation of society, you need to be more cautious. Please also make local inquiry with the committee of the Society with reference to what all had happened so far.

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Answered on 10/14/08, 1:59 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Car Parking

You first need to identify the owner of the parking lot; if builder is still the owner, you may buy from him; and if the ownership stands transferred to the Society, you should buy from the Society.

Keep in mind the simple rule in law : "No one can pass on a better title than what he himself has".

If you purchase from someone who has ceased to be the owner, your sale deed will have no value.

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Answered on 10/14/08, 6:52 am

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