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  1. Rajesh Kate
  2. Real Estate & Property Law
  3. Friday, June 02 2017, 08:57 PM
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Respected Sir/Madam,

I have booked a flat (very recently in May-17) in a project for which the construction started in 2013 and now it’s ready for possession. OC is also received. The agreement draft has been finalized by builder and he says this draft is in line with RERA guidelines.

I am going to pay 3.5 lacs for parking, but there’s no mention of parking in the agreement. He might just give a parking allotment letter.

Builder representative said that before RERA, builders were not allowed to sell parking.

In this scenario is this correct practice (take some money from me and give parking allotment letter) because building started in 2012 when no RERA was there.

Thanks and regards,
Rajesh
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R.K Nanda Accepted Answer
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do not pay any amount for parking as there is no clause for it in main agreement.

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Dr Katta Accepted Answer
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1) Some newly formatted agreements to sale being readied by developers clearly state that the allottee shall have undivided proportionate share in the common areas and that the garage/closed parking shall be treated as a single indivisible unit for all purposes.

2) Earlier the developers would sell an apartment based on the super area due to which common areas and parking areas were never specified separately in the sale deed. “The statute now demands that the builder sell the unit basis the carpet areas and therefore the need to specify the common areas and the parking areas separately.”

3) It also clarifies that garage/closed parking shall be treated as a single indivisible unit for all purposes.

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