• Car parking in residential flats

Our building have 8 Residential flas.The building was constructed in Land owners site by a Promoter with agreement with Land owner that after completion he would sell 4flats and remaining 4 will be Land owners share. The Promoter has sold 4 flats with car parking area in which he sold 2 parings to one Flat purchaser. Land owner Has sold 2 Flats out of her share of 4 flats along with car parking space.In all Regd. Documents the extent of car parking area for purchers was mentioned i.e 1+1+2+1 (car parking areas as 80 Sft.for each purcher for 3 flats and for the 4 th Flat it was mentioned one parking 80Sft. and another parking 120S.ft) .The Land owner's sold document it was mentioned 80S.ft for each for the 2 Flats she sold.She kept 2 unsold Flats with her. Now after completion of the building the Managing committe demarked 7 parking space (1+1+2+1)sold by the promoter (1+1) sold by the land owner and denied parking for the 2unsold land owner Flats parking stating that only 7 parking were approved in the Plan approval.Now the questions are (1) whether 2 parkings can be allotted to one Flat puncher as mentioned in his Regd. document and (2) Can MC deny parking to land owner's unsold flatsfor which she is claiming for parking
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) one member one car parking slot .

2) builder cannot sell car parking slots as it forms part of common areas for benefit of all members

3)MC cannot deny parking to land owner unsold flat s

Ajay Sethi
Advocate, Mumbai
97643 Answers
7904 Consultations

From the above fact, it appears it is a clear violation of Apartment Act that is applicable in most of the places in India where it is established that car parking is a part of the society’s common areas. Moreover, since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

Now to access the parking slot managing committee decides the basis of the distribution in consultation with the members.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

The allotment of parking space would vest on the managing committee as all common areas shall come under its control.

If there were only seven parking slots then it has to be allotted turn wise.

As per the general practice in the market, the developer, by the agreement of sale, sells only the ‘flat’ and the purchaser has rights in respect of only the flat and no other portion of the building. This is exactly what had been agreed to between the developer Nahalchand Laloochand Private Limited and the flat purchasers of Panchali Co-operative Housing Society Ltd.Each flat purchaser had executed a declaration to the effect that stilt parking spaces/open parking spaces shown in the plan exclusively belong to the promoter and that the Society has no objection to the sale of such spaces by it. However, this was later argued by the Society as being contrary to law and hence, not binding. When the dispute arose, the developer approached the Bombay Civil Court seeking “permanent injunction restraining the Society from encroaching upon, trespassing and/or in any manner disturbing, obstructing or interfering with its possession in respect of 25 parking spaces in the stilt portion of the building”.

Common areas as per law includes basements, gardens, cellars, parking areas, main walls, terraces, halls, stairways, corridors, entrances, exits and lobbies, and the entire space of land used during construction under the definition of common areas in an apartment complex.

Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the committee on the basis of ‘first come first served’, for unsold and available parking spaces. However, in case of Parking Space/ stilt allotted by the society, the member shall have no right to sell or transfer the said allotted parking space/ stilt to anybody.

In the present times, almost every apartment has an open or a covered car park. Certain apartments may have more than one. Hence, in matters where some of the apartments were not allotted car park or where an extra car park is allotted to the owners of certain apartments only, such car park has to be treated as part of "limited common areas and facilities". Limited common areas and facilities means such of those common areas and facilities designated for the use of certain specified apartments only.

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

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