• Car parking

I own a flat with an open parking which is registered on my name....
Can i sell my open parking to another flat owner and buy his covered car parking ....
Our car parkings are registered along with our flats
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

Obtain consent of society for sale of car parking slots 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

If the car parking is show separately and registered in sale deed then you can sale same to never through registered sale deed and can purchase his covered parking .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Open parking comes under common area, cannot be sold. If you have paid for it, you have been duped. If there is no objection from other members, you can sell.

At least, with flat sale, parking will also transfer to buyer for use.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

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

2. IF the Society resolutions permits such exchange on records, THEN it is possible, otherwise both parking slot users can execute an MOU for such exchange of parking spaces, without any monetary considerations. Such MOU will have only "persuasive power", but is legally not enforceable.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Certainly you can

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Yes you can do so as it's legal to sell car parking in rera. You can better execute a exchange deed in the same. But if the open parking is society parking then you can't sell it. Only if you have paid to builder then you can sell it

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

Ans:- On what basis can the builder register open car parking space in your name. Its considered as common area and hence the builder has in fact cheated and duped you if you have paid any consideration for that parking plot. 

 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

Dear Sir,

As you said, stilt and open parking area would be considered as Common area. Therefore, the builder has no right to impose car parking charges as confirmed by the Supreme Court. ... Hence, many builder will allocate this area and the same point would be mentioned in the Sale Deed as like flat covered car parking.

Way back, on 31st August 2010, the Supreme Court of India ruled that a builder/ developer/ promoter (of flats/ group housing) cannot sell open or stilt parking area (meaning uncovered or covered parking space) once the owners' society is formed, as the said space becomes a part of “common areas and facilities” 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If you have a registered sale deed in respect of parking space separately then you can sell it separately. You first ascertain the facts and then proceed as per law. The car parking space are common areas which belong to the association hence you may clarify the details from association before venturing into any such deals.

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

Yes if the parking is allotted to you then you can exchange the parking slot with exchange deed with other resident.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. What does the sale deed say about this?

2. Car Parking cannot be sold as it is a part of common area, but it can be exchanged.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

to sell car parking society permission required. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

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