I am a seller and flat with car parking one stilt and open parking, both allotted by builder with allotment letters. I have been paid for the stilt parking in the year 2000. My original agreement doesn’t have parking.
Now I have sold my flat. In the agreement to sale these two parking are added mentioning as per the allotment by builder at no extra cost. Stamp duty paid on stilt parking.
Before doing registration document i have been applied for NOC to sell the flat. But at society office it is said that Noc is not required to do the agreement. So i did it and submitted copy of registration with all fees, premiums and all dues, and applied for mortgage noc on purchaser’s name.
But society not issuing the same and replied after months time that the parkings are to be removed from the agreement. Is it right from the society’s front? My purchaser is not agree to remove that clause.
Since our agreement spell that list of documents to be provided to purchaser alongwith original documents and noc to sell the flat and mortgage noc also part of it. I have all other documents, except noc.
What is to be done now?
I C Naik
Transfer the Parking Allotment Letter outside the Flat Sale. Parking was sold by Builder without such authority, as that space is part of common area belonging to the society. So better go by Society management. When they said NOC was not required they had flat in mind and not parking also. Handle Parking independently.