Parking areas cannot be sold as flats or garages: SC - Page 2 - Indian Real Estate Forum

mahesh pune · 03-09-10

Quote:

Originally Posted by SmallFish

In my society, the builder has mentioned 100 sq ft of alloted covered car-park in the agreement. This was a few years ago. I think this may be the case in many other societies as well.
What happens to these allotments? I dont believe anyone is going to allow the society committee to modify / end such allotments. This will lead to more fights within the society (as if we do not have enough already)
As it is, no one is interested in joining the society managing committees, these additional headaches will drive them away further...

I am agree with you. Builders are not going to make it actually free. Infact now people have to pay for parking (might be in cash) and will not be even owner of parking space. With increasing number of vehicals and limited parking space it will be difficult for societies if there is no legally allocated parking. As I bought my house 5 yrs back parking is marked in agreement as sold same as my flat.

pcpune · 03-09-10

The TOI and Sakal have coolly ignored publishing this verdict by SC,but it was all over the news on CNBC.

Really its a TOILET paper.

realacres · 03-09-10

Quote:

Originally Posted by SmallFish

In my society, the builder has mentioned 100 sq ft of alloted covered car-park in the agreement. This was a few years ago. I think this may be the case in many other societies as well.
What happens to these allotments? I dont believe anyone is going to allow the society committee to modify / end such allotments. This will lead to more fights within the society (as if we do not have enough already)
As it is, no one is interested in joining the society managing committees, these additional headaches will drive them away further...

If parking (alongwith the layout) is registered in the agreement, then no issues at all

.

Quote:

Originally Posted by pcpune

The TOI and Sakal have coolly ignored publishing this verdict by SC,but it was all over the news on CNBC.

Really its a TOILET paper.

True, TOI is pet of builders & they also get lot of revenues from as well

. Anyways, today's IE carried news that local builders have said that they will continue to sell the parking as the context of the SC hearing was not understood by the media in clear way

.

pcpune · 03-09-10

, Well the builders know that the societies cannot act on the statement. Its in the societies powers to evict every "parking owner" and allow "allotted" parking. So, if a person has purchased 2-3 parkings, he may get to only use one.

Once this happens, I think this menace should end.

Anyways, I am really dis-appointed over the way India is functioning at the moment, the guilty is left unpunished,police not accepting complaints/FIR,no RE laws, I am what the heck Manmohan and his team are doing ?

realacres · 03-09-10

Quote:

Originally Posted by pcpune

Anyways, I am really dis-appointed over the way India is functioning at the moment, the guilty is left unpunished,police not accepting complaints/FIR,no RE laws, I am what the heck Manmohan and his team are doing ?

That's the reason Pune police didn't arrest Oxford Properties builder Anil/Aniruddha Seolekar (same one who had beaten sakal reporter) despite a person wanting to file case against him for land grabbing. At the end, he filed a case in court & the court has directed the police to arrest him with 72 hrs notice

.

Man, I must say he is a naive builder, commits crime & get caught

.

HemantDesh · 03-09-10

Quote:

Originally Posted by pcpune

The TOI and Sakal have coolly ignored publishing this verdict by SC,but it was all over the news on CNBC.

Really its a TOILET paper.

The news is appearing in `Pudhari'.

pcpune · 04-09-10

Quote:

Originally Posted by realacres

If parking (alongwith the layout) is registered in the agreement, then no issues at all

.

True, TOI is pet of builders & they also get lot of revenues from as well

. Anyways, today's IE carried news that local builders have said that they will continue to sell the parking as the context of the SC hearing was not understood by the media in clear way

.

Real,

Even if the parking is "registered" in the agreement,legally. the Sale Deed of a parking has no meaning, since you cannot sell the parking.

Hence, the soceity may revoke all the parking registrations or allotments by the builder, and take its own decision.

It is important that people understand -- what can be registered and what cannot.Legally, the builder is authorized to only sell a flat, all other things - society maint,parking,mseb,club,etc are part of the "flat" and its "fsi" which he is selling.

But, all builders in Pune and in India, have been violating all the laws, and have gone unpunished. So, all the transaction charges which the people are paying now -- in the tune of 30-40% of property value -- they will stand to lose, once the regulations come in FORCE>

realacres · 04-09-10

Quote:

Originally Posted by pcpune

Real,

Even if the parking is "registered" in the agreement,legally. the Sale Deed of a parking has no meaning, since you cannot sell the parking.

Yes, you can't only sell the parking but as it is registered in the cost of the agreement, you have already paid stamp duty on this, though not separately. I don't think it is easy for society to revoke this as majority will oppose this. It may though happen in case of open parking or covered park which are not registered.

Quote:

It is important that people understand -- what can be registered and what cannot.Legally, the builder is authorized to only sell a flat, all other things - society maint,parking,mseb,club,etc are part of the "flat" and its "fsi" which he is selling.

Agreed, but then how can builder take maintenance cost in /sq ft itself & make registration on it?? The amount is shown as revenue to the builder which is not in actual. This holds true if the builder is going to return the entire amount to the society when society is formed. However, if builder is not going to return this amount & takes advance maintenance, like Parkstreet, then it has to be in /sq ft basis only.

So, inclusion of maintenance charges is subjective, I feel. However, rest of the things like club membership, parking & all should be included in /sq ft & once handed the project to society, the members will decide how much to charge for the gym etc. if required.

Quote:

But, all builders in Pune and in India, have been violating all the laws, and have gone unpunished. So, all the transaction charges which the people are paying now -- in the tune of 30-40% of property value -- they will stand to lose, once the regulations come in FORCE>

They have already lost the amount man!! Loading is the main culprit. If loading is being charged, then there should not be any charges for amenities as it is included in this. However, RE regulator is a welcome step for buyers as well as genuine RE developers

.

pnb_2k · 04-09-10

Quote:

Originally Posted by realacres

Yes, you can't only sell the parking but as it is registered in the cost of the agreement, you have already paid stamp duty on this, though not separately. I don't think it is easy for society to revoke this as majority will oppose this. It may though happen in case of open parking or covered park which are not registered.

Agreed, but then how can builder take maintenance cost in /sq ft itself & make registration on it?? The amount is shown as revenue to the builder which is not in actual. This holds true if the builder is going to return the entire amount to the society when society is formed. However, if builder is not going to return this amount & takes advance maintenance, like Parkstreet, then it has to be in /sq ft basis only.

So, inclusion of maintenance charges is subjective, I feel. However, rest of the things like club membership, parking & all should be included in /sq ft & once handed the project to society, the members will decide how much to charge for the gym etc. if required.

They have already lost the amount man!! Loading is the main culprit. If loading is being charged, then there should not be any charges for amenities as it is included in this. However, RE regulator is a welcome step for buyers as well as genuine RE developers

.

We definitely need a regulatory body for these A** h*l* builders

Politicians are relectent on this since there brothers/ criminals are involved in this and they won't be able to cheat much.

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03-09-10	#12
pcpune Veteran Member Join Date: Nov 2009 Posts: 1,304 My Mood: Thanks: 0 Thanked 21 Times in 6 Posts	The TOI and Sakal have coolly ignored publishing this verdict by SC,but it was all over the news on CNBC. Really its a TOILET paper.