• Parking slot rights

We have purchased one flat with parking slots 2 in 2013. 

Actually owner had two flats in same society (they purchased in 1987 from builder with parking slots - society have 9 flats). One flat they sale to one party in 1990, which was not interested in parking slot so they have mentioned in the agreement also clearly.  Each flat have one parking slot.

Society establish in 1988-89. 

At the membership transfer time Society saying as per the law & Rule one flat has one parking slot.
Builder had given parking slot to each flat at the time of purchase in 1987. 

My questions are following:
1.	Society can take rights of any parking slot without inform to owner.(if it shown ownership)
2.	Can we have rights to claim of the second parking slot or no? 
3.	If your answer is yes, then can we give that slot to society with on amount which we have paid for that area?
We are little confused. Please let me know
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1. You had purchased the 2nd parking slot from the owner of the flats before the Society was formed,

2. The Society's rule about the ownership of one parking slot for one flat owner can not be with enacted with retrospective effect,

3. Moreover, if the 2nd parking slot is not treated as your property then who will own it? 

4.  You have right on the said 2nd parking slot,

5. If you leave its possession to the society what will they do with it? Can they own it or sell it? 

6. Society can not own it since it has not purchased it,

7. Send a legal notice to the society informing that you had purchased the said parking slot before the society was formed, so it can not be taken away from you,

8. If they still refuse to accept logic, file a declaratory suit before the Court praying for declaration that you are the title holder of the said 2nd parking slot.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) since you have purchased flat with 2 car parking slots in 2013 and society has refused to transfer second parking slot to you,  ask the seller to refund money you paid for said car parking slot . 

2) before purchasing said flat with 2 slots you should have obtained NOC from society . 

3) society is correct in saying that each member should have one parking slot . 

4) practical solution would be to  sell the second car parking slot to any member who does not have any car parking slot . 

5) it makes no sense in adopting confrontantist approach with the society
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) you can inform the society that you have no objection to one slot one flat rule but there are no buyers for the said slot . 

2) place the ball back in society court . the legal position is once seller has sold the flat he cannot keep any parking slot as rights for parking slot flows from member rights as owner of flat . 

3) give an undertaking to the society that  you will sell it to any member of society who does not have car parking slot . in the meantime to approve the transfer of flat . 

4) in the alternative permit seller to retain the parking slot and he can refund your money paid for 2nd slot
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1) Supreme court has held that parking slots form part of common areas and builder has no power to sell the parking slots . 

2) in your case the builder had sold   2 flats  with 2 parking slots to seller in 1987-88. in other words with each slot there was a parking slot . 

3) one flat was sold  in 1990 without parking  slot as buyer did not want the slot . the mistake society made was it ought to have insisted on sale of slot with the flat . but since the seller had another flat society permitted him to retain 2 parking slots .  

4) in 2013 you had purchased flat with 2 slots but society is insisting that only one slot can be sold with the flat . 

5) you r   option would be  to ask seller to refund money for one slot . it is for seller  to settle  with the society in respect of another slot . 

6) once you have submitted all documents for transfer to the society then society is bound to intimate its decision within period of 3 months . if it is not intimated it is deemed to be approved under byelaw 39(c) of model bye laws
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
441 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0