Response

In my view Documents required are Sale Deed, Memorandum of Understanding between you and previous owner of stilt parking, Transfer Affidavit, Power of Attorney (irrevocable POA), NOC from Society. For such parking purchase better to register before Registrar by paying required stamp duty.Take a receipt from previous owner of paid charges to builder of stilt parking. There is no special document required to buy stilt parking.However check whether there is any Society rules which prohibit outsiders to won only the stilt parking without owning a flat in the society. An unregistered sale agreement does not give title to the seller so he can sell the stilt parking to you.So ask for a registered deed of conveyance showing his ownership over the property.

Do get the property papers checked by a local advocate. Sale of parking space is illegal. In 2013, the Bombay High Court ruled that approved parking spaces within a building were common areas for society members and could not be sold. Developers circumvent the restriction by collecting payment for car-parking spaces in cash. However, Under the new rules, approved parking spaces, both covered and open, can be sold. In a bid to regulate it, the government has mandated that developers must formally disclose details of this sale. The government has also permitted builders to demarcate such parking spaces sold. Prevailing rules grant the cooperative housing society the powers to distribute parking space among members.If the vendor has a legal document to prove that he owns the car parking space, you may obtain that and get a registered sale deed executed on that basis in this regard.If this purchase is to be effected through a registered document then necessary stamp duty has to be paid accordingly.

Reference: The law governing the case is Section 54 in The Transfer of Property Act, 1882. 54. ÒSaleÓ defined. Ñ”SaleÓ is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale deed is defined under Section 54 of the Transfer of Property Act, 1882 as; ÒSaleÓ is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

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LAWAYZ-2023-740