• Parking

Hi,
Recently I have purchased a resale flat in Kharghar.The flat did not have a parking(same was mentioned by the seller before the deal).We agreed to it.As it is our first stay in a registered society,I was going through the society bylaws.It said that the parking has to be allotted to the flat owner.The seller did not pay for parking when he purchased the flat from builder.Also there is parking for every flat in the premises,but few owners have purchased two parkings.The OC is dated 2010.I also did some research on the web regarding parking slots in a society.I have following questions:

1.Can I apply for parking allotment from the society?
2.What if they say you have to purchase it from other flat owners (if the owners are willing to sell?
3.Relating to point number 2 and my research is this transaction legall.If not then is there a legal way to it?
4.What if i do not want to pay for parking,as parking cannot be sold or purchased(correct me if wrong)?I guess its a legal right of each flat owner to have atleast one parking.

Kindly advise
Asked 4 years ago in Property Law
Religion: Sikh

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12 Answers

you can apply for parking slot from society

 

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

 

3) if society refuses to allot you parking slot file complaint against society before consumer forum seek orders to direct society to allot you parking slot . 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1.Can I apply for parking allotment from the society?
yes you can

2.What if they say you have to purchase it from other flat owners (if the owners are willing to sell?
this would mean that the society has accepted and admitted the allotment of parking as done by the builder in favour of those flat buyers who paid for the parking. Since the OC is of 2010, at the relevant time, MOFA was applicable. Under MOFA, parking belonged to the common areas which is the society's ownership, which meant that builder had no right to sell car park space. However since the society did not object against the builder's allotment, it would necessarily imply that it has admitted the builder's allotment. Thus if there society gives its NOC, then you can purchase a car park from another member under an agreement which can be registered

3.Relating to point number 2 and my research is this transaction legall.If not then is there a legal way to it?
it will be legal if the society has given its NOC and there is a registered agreement recording sale of car park space

4.What if i do not want to pay for parking,as parking cannot be sold or purchased(correct me if wrong)?I guess its a legal right of each flat owner to have atleast one parking.
then if the society refuses to allot you a parking space and insists that you purchase parking from members who bought 2 parkings from builder, then you will have to challenge the society's decision by filing a dispute case in the Co-operative Court

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

1. Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.

- Since, you have purchased the said flat , hence as per law, now you become a member of the society , so you have your right to apply for parking. 

2. As per law,Parking area is not covered under Floor Space Index , and hence is not saleable.

3. As per rule, no member can have more than one parking slot , hence if any member is having double , then you can challenge the same before the society.

4. Yes, being a member , you have right over the same. So, if if the society refuses to allot , then you should approach the Consumer court for getting the same. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

1. Open /Stilt /Podium Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be Sold or Purchased or Registered. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).

2. As per model bye-laws, Parking should be allotted to members, using yearly "rotation policy". You can put the CHS on legal notice to allot you parking, irrespective the fact that the linked Flat had not purchased /allotted parking from builder /whosoever.

3. IF Society fails to allot you parking THEN file grievance petition, before the local Consumer Court. There are several orders to this affect, in favor of the CHS member.

VISIT:

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Builder cannot sell open parking, comes under common area. If any flat owner purchased the same, it`s not valid. Owing a flat in society, you are entitle to park your vehicle without any permission. For specific slot, apply to society.

Open parking comes under common area, cannot be sold. YOU can complain to registrar, final remedy through court.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. Yes you can apply for parking allotment from the society.

2  you can file a consumer complaint against the society.

3. The parking are common space can be allotted and cannot be sold.

4. See the society have right to allot parking area as it is part of common area if society fails to do same you can file a consumer complaint against the society.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi,

In the present circumstances, you are suggested to apply for parking slot from the society mentioning all true facts and mentioning that it's your resale flat and previous seller was not allotted with the same and you need it. It's possible that society will be allot the same. Regarding sale/purchase of parking slot, it is informed that open parking slot can't be sold or purchased. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. Yes you can apply. 

2. Parking can't be sold nowadays. It's society property. But with permission of that other members you can park at their place. 

3. No

4. Yes it's legal right as per court now

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1.  You can very well apply for parking from the society, let them give a reply in writing denying to accede to your request after which you can plan to initite legal steps as per law.

2. Let them give it in writing.

You can decide the legal course of action after that.

3. You can file a consumer case for deficiency in service against the society seeking the relief of parking space as per bye laws and the supreme court judgment.

4.  The above anser is suiting this question too.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1.Can I apply for parking allotment from the society?
Answer: Yes you can submit an application;

2.What if they say you have to purchase it from other flat owners (if the owners are willing to sell?
Answer: The parking is part of open space, it cannot be sold. It can only be transferred by the society;

3.Relating to point number 2 and my research is this transaction legall.If not then is there a legal way to it?

Answer: Although the practice in societies is that, the seller usually makes a sale deed (regard to parking) on affidavit but does not register it;

4.What if i do not want to pay for parking,as parking cannot be sold or purchased(correct me if wrong)?I guess its a legal right of each flat owner to have atleast one parking.
Answer: You must not pay, and seek parking from society. If they do not offer you one now, you must get in the future. This is because parking is allotted in rotation.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. you can apply for Car parking, society is bound to allot parking.incase if society refused file complaint before registrar. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you can apply for parking slot in society.

It depends on the allotment procedure of society.

The purchase of parking lot from builder is null and void after formation of society and parking lot have to be alloted after formation of society.

You have to complaint to registrar of societies if society refuse to alot parking spot to you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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