Hi

You should file a civil suit in court to get that sale deed cancelled. 

You can get the same parking space that was allotted along with the flat.

Thanks 

The parking comes with the flat. He cannot sell the flat without the parking. The society has rightly not accepted the sale deed. You should send a legal notice to the original owner of the flat and threaten him with legal proceedings in case he goes ahead with this.

Also send a notice to the society and ask them to hand over the parking to you.

Apply to society for allotment of car parking slot 

2) if number of slots are lesser than number of flats then society has to allot parking slots by drawing of lots 

The developer has no right to charge for this space. In 2010, the Supreme Court had held that developers had no right to sell parking to apartment-owners, including stilt parking or garages.

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.

The judgment goes on to observe that parking spaces in flats (includes open/ stilt/ podium/ basement or any other that is not enclosed on three sides) cannot be termed as ‘garages’ and therefore cannot be sold separately. However, “insofar as the promoter is concerned, he is not put to any prejudice financially by treating open parking space/stilt parking space as part of ‘common areas’ since he is entitled to charge a price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat.”

According to the Maharashtra Ownership Flats Act (MOFA), 1969, the promoter is supposed to describe ‘common areas and facilities’ in his advertisements as well as the ‘agreement’ with the flat buyer and the promoter is also required to indicate the price of the flat including the proportionate price of the ‘common areas and facilities’. “If a promoter does not fully disclose the common areas and facilities he does so at his own peril. Stilt parking spaces would not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the advertisement and agreement with the flat purchaser.”   

Further, “As soon as the Corporation issues the occupation certificate and the Society is registered, the building as well as the stilt parking spaces, open spaces and all common amenities become the property of the Society. The stilt parking spaces cannot be put on sale by the developer as he ceases to have any title on the same.”

You can drag the vendor to the court to return the car parking space old by him which was part of the flat you purchased.

You ca also implead the society  and the builder as necessary party to the suit for seeking relief and remedy.

Since the society has refused to recognize the society member to whom the parking is sold by your seller, it means that the society has accepted the allotment of parking as made by the builder originally to the flat buyers

It appears that each flat is tagged to a designated parking space by the society

Prior to coming into force of Real estate regulation act, the builder could not sell parking spaces. The parkings would fall within the common areas which belong to the society 

However despite that the builder would sell parking spaces to make extra money. If the society when formed, accepts the allotment made by builder then there was no problem. But if it did not accept such allotment, then the flat buyers who purchased parking spaces from builder could not complain or raise grievance against the society. Their remedy would lie against the builder only to recover money paid for parking 

This would imply that society had a discretion whether or not to accept the allotment of parking by builder

In your case since the society has accepted allotment by builder and has also tagged parking to your flat, the seller had no right to sell the parking to another member and this sale is not binding on you nor does it give any right to the purchaser member

If we remove the purchase price paid for the parking from this equation, then it only means that society had confirmed the parking allotment by builder as originally made

If that is so then your seller could not separately sell the parking and consequently your claim to that parking still subsist despite sale to another member 

But since the purchaser member will not go off easily the parking for which he has paid, you will have to file a dispute case against the original seller, the car park purchaser and make the society a formal party in such case

As a stop gap arrangement, till such dispute is decided by the court, and if there is open car park space available in the society premises, then the society can very well allot such space on a temporary basis to you

For the stilt parking which is sold you will have to obtain injunction till the case is decided

You can make an application to the Society for allotting parking space.

You need to issue notice to the original owner marking copy to the society for the act done by him.

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. 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:

Open space cannot be sold and sale is void as per society bye laws also. Society cannot permit sale of open parking. You should claim on allotted parking space with flat.

Parking space is inherent with sale of flat and society is liable to arrange the space for you. If committee not cooperate, you also refuse to bye laws and park your car freely on any vacate space.

1) each flat owner is entitled to only one car parking slot.

2) if there is surplus of parking slot, you can ask society to allot parking space.

you can claim the refund from the builder if you paid for parking space. you can also file a consumer complaint against society for not allotting you a parking space as well as builder for refund.

1. Parking space cannot be sold by anyone even if he is owner of flat or builder.

2. Every sale of common area will be null and void as per supreme court as it cannot be sold and Parking area is common area of building.

3. You should file suit for declaring the sales deed as null and void and allot the parking space back to your name because it was alloted to your flat by builder in this suit you should make respondent to seller and buyer of Parking space. 

1. You have purchased a flat without the parking space specifically meant for you.

2. You can not force the seller to sell his car parking space to you as per law.

3. However, if the buyer of the said parking space already had another car parking space and the bye laws of your Society prohibits such buying of multiple car parking space of a single flat owner then you can approach the Society to reject the said sale deed registered without its NOC.

4. You thereafter file a declaratory suit praying for cancellation of the said sale deed of the said parking space registered in favour of the flat owner who already have one parking space purchased by him in his name.