Can the car parking space be claimed if the transfer of the same is not specified in the gift deed made for a flat?
Question asked by Mr. Hiten from Mumbai, India:
Hello, I am staying in Cooperative Housing Society in Mumbai. We had purchased two flats namely flat number 101 and 102 during year 1982. One of the flat was purchased in name of my father and other in favour of my uncle. Being joint family, we removed the common wall and made single flat instead of two. The both flats were alloted one open car paking space at the time of purchase from builder. Thus, we have two car parking space in a total. Before few years we bought another two flats namely flat number 301 and 302 in very same building but without car parking. After mutual understanding, we had transfered the flat number 102 in favour of my uncle by way of gift deed. But, no where on gift deed it is specified that parking has been transfered in favour of my uncle along with flat. In such a case, how can I claim our right for car paking space ? Can I simply take declaration from my uncle on plain paper that he has no objection if society is willing to transfer parking space to us or do we need to make any agreement on stamp paper ?
I look forward to receive your quick response.
Thanking you.
Hiten
Veena Answers:
We are of the view that mere declaration on a plain paper is not sufficient but a tripartite agreement between yourself, your uncle and the society to the effect that the car parking space is your sole and absolute property and no one else has any right over the same. The other option available is to execute a release deed between yourself and your uncle wherein your uncle releases all his right, title and interest over the car parking space.
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