• Transfer of stilt parking

I want to purchase a flat which has stilt parking. This building is the redeveloped appartment & the owner is the original member. I am told by the owner that the stilt parking is included in the agreement hence when I purchase the flat I will be also getting the stilt parking mentioned in the agreement. My question is 
1) Can Society object for parking of my car once I purchase the flat & get the stilit parking also mentioned in my agreement with the owner.
2) Can I have issues in future. As there is limited space in the society nor any open sapce is available for car parking, my decision of purchasing the flat wlll only be with the availability of this stilit parking for my car.
Kindly advice
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1) let the original member apply for NOC from society for sale of flat with stilt car parking slot

2) if society refuses then you need not purchase the flat

3) once NOC is issued society is bound to transfer flat and car parking slot in your name

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1)if you buy resale flat car parking slot would not be available for your car

2) allotment of slots is by drawing of lots

3) if there are more members than slots allotment would be by drawing of lots

4) it is not necessary that you would be issued said car parking slot

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) Can Society object for parking of my car once I purchase the flat & get the stilit parking also mentioned in my agreement with the owner.

If at all you are purchasing the property and intend to negotiate with the seller then you must know that seller is not authorized to sell parking space as individual real estate units.

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void.

2) Can I have issues in future. As there is limited space in the society nor any open sapce is available for car parking, my decision of purchasing the flat wlll only be with the availability of this stilit parking for my car.

The seller of the flat/apartment is no more an owner of the parking once he has alienated the property by sale to you, the parking space being common and belonging to society, the seller cannot guarantee the same to you, you may face problems in this regard in future especially where there is a crunch for such spaces.

Take an opinion with a local lawyer before proceeding.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Also there is a resale flat which has stilt or open parking metioned in an allotment letter from the builder for that flat number (but is not in the main agreement) then my question is

If I buy that flat, will that parking slot (open or stilt) mentioned in the above allotment letter be officially available to my car?

a builder is not authorized to sell parking spaces as individual real estate units.

if there are limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spot to ensure no resident enjoys exclusivity. At times, if this is not practiced then the residents claim ownership of the parking spot.

A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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