• Use of allotted parking slot by tenant

In 2007 I had purchased a flat from a developer and at that time the developer sold me an open car parking slot for Rs. 1.5 L. However, the receipt tendered for this payment mentions  'payment for other amenities' and a separate allotment letter was issued specifying the parking slot details.

After taking possessing of the said flat from the developer in 2007; I had rented it out and each of my tenant was using the parking slot along with the flat.

Society for the said premises was formed in 2008; and now, that is in March '15; the society has issued a directive specifying that tenants are not allowed to park their cars in the society premises.

incidentally, the parking space available in the premises is very mush scares and hence it is a valuable commodity.

Do I have any legal recourse to help my tenant in this regards?
Asked 2 years ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
1. Well, you have to refer to the bye-laws of the society as regards the parking of tenants.

2. If it is silent on this issue then Managing Committee can not pass such resolutions the same is unfair and discriminatory.

3. lodge complaint with registrar of Society to resolve the dispute and allow the tenants to park their car in the premises only.

4. If registrar does not agree then you have to move to court. You will get desired relief.
Devajyoti Barman
Advocate, Kolkata
5839 Answers
63 Consultations
4.9 on 5.0
A. Generally, the developer has no right to sell the car parking slot to the customer because of this is a common area.

B. Once the flat is allotted to the purchaser, you have all the right to execute lease agreement towards the flat along with car parking area.

C. However, you have to be scrutinized the bye laws of the society with respect to the same and in case, if any clause is silent with respect to the same, you can challenge the Society's direction. Issue  a legal notice to the Society and question the same before the District Registrar Co-operative Society.
B.T. Ravi
Advocate, Bangalore
742 Answers
32 Consultations
5.0 on 5.0
1) tenant is nominal member of society . 

2) tenant does not have parking rights 

3) further builder has no powers to sell open car parking slots . it forms part of common area of society . 

4) in case there is shortage of car parking space society can allot car parking slots to members by drawing of lots
Ajay Sethi
Advocate, Mumbai
24710 Answers
1323 Consultations
5.0 on 5.0
1. Society can pass such retrictive order if the parking slots are given free alongwith the sale of flats and atr not sold,

2. In fact in he Society where I stay at Kolkata, Tenants are not allowed to park their cars. However, we have not been allotted to or paid for any car parking space,

3. Since you have already paid for the car parking space which have been allotted to you after taking payment for it, it is your personal space which you can rent out to your tanant,

4. Send a legal notice to the society to this effect.
Krishna Kishore Ganguly
Advocate, Kolkata
12716 Answers
261 Consultations
5.0 on 5.0
1. Sale of car parking slots is illegal. One should never agree to purchase them.

2. Does the rent agreement executed between you and the tenant specify that the tenant will be entitled to use the car parking slot? If the answer is yes then the tenant cannot be stopped from using the said car parking slot. 

3. The directive of the society, subject to the answer in affirmative to the above question, is illegal.

4. The tenant should issue a lawyer's notice through his lawyer to the society and seek appropriate orders from the court if required.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Hi, you can challenge it before the court of law as you have specific car parking space and you have rented out the house to your tenant then then tenant has every right to use the parking space which is allocated to you.

2. The notice issued by the Society is against the law.
Pradeep Bharathipura
Advocate, Bangalore
4154 Answers
140 Consultations
4.3 on 5.0

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