Flats Regularised under BRS in 2010

Under the BRS scheme in Hyderabad, the additional construction of the flats were regularised if the additions were not above 25% of the total project. The builder might have got the approval under BRS scheme i this case as 5 extra flats are 25% of the original project only.

As regards to the car parking please find out whether the car parking slot number was a part of the flat while registering it with the authority or an internal arrangement by the builder. If it is internal arrangement then there should be a lease deed or sale deed separately for the car parking otherwise it has no legal sanctity. If you move to court for this matter court will say that either allot a car parking on first come first serve basis (based on the date of booking or taking possession of it) or it should be made common to all the residents. Another important issue is whether car parking is mentioned in the sale deed as an integral part of the flat sale or not. If it is separate then it should have another sale deed. In absence of a sale deed no resident can have exclusive right on a particular slot.

The residents of the complex should sit together and make a strategy to deal this issue with the builder otherwise builder on one pretext or other will not allot the car parking slot in correct order.

Schedule C was not submitted. There are provision for 9 Car Parks and 20 Two wheelers for 20 approved flats. Sale Deeds for all 25 flats in 2001 make no mention of any car park. Car parking were made by the Assn but they roped in the builder . He signed the rough hand made sketch. Additional 5 owners hv now to be accomodated . My query is - at this point has Builder any authority on allotment?

BRS is building regularisation Scheme initiated by GHMA for the regularisation of already constructed flats in mullitflatbuildings. Upton 25% more than the approved flats are being regularised under this scheme. There will not be any problem to purchase these flats once they are regularised.
Coming to car parking, the document mentioning the car parking should also be registered or it should be mentioned in your property registration document. If it is a document made by the builder also it is not valid if it is not registered. The residents in the apartment should have some understanding and park their vehicles accordingly. Non of them will have any right. If the flat owner writes in his reselling document and gets it registered also it is not valid as the property registered by the seller is not his property. The other residents can go to the court as there is no link document. The best thing is that all the owners can sit and decide.