• Buying a parking space in an Apartment building.

I have purchased a 2 BHK flat in Athashree Apartments, Hadapsar,Pune but without a parking. Some owners are willing to sell me their parking space. Will this be a legal transaction? We are governed by Maharashtra Apartment Ownership Act 1970 since we are not a society.
Asked 2 years ago in Property Law
Religion: Hindu

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11 Answers

Enter Inti o registered agreement for purchase of parking slot 

 

2) make all payment by cheque only 

 

3) obtain consent of condominium 

Ajay Sethi
Advocate, Mumbai
99819 Answers
8147 Consultations

If they have paid the parking sale amount to builder in the sale deed, then you can purchase.

If housing society is formed than you may require NOC from society.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Enter to agreement for purchase of parking slot 

 

better obtain consent in writing of condominium 

Ajay Sethi
Advocate, Mumbai
99819 Answers
8147 Consultations

 

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99819 Answers
8147 Consultations

- As per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area 

- Further, the Maharashtra State Consumer Disputes Redressal Commission held that a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. The commission ruled that only the housing society's general body could make the allotment of space to flat occupiers.

- However, after amending the rules of the Real Estate (Regulation and Development) Act in Maharashtra, it is now permitted to builder to sell parking spaces to the flat buyers legally. 

- Further, under the new rules, approved parking spaces, both covered and open, can be sold, and also further permitted builders to demarcate such parking spaces sold..

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

Yes, you can purchase the parking slot from other flat owners. However you need to check whether they have done register agreement with builder and in Apartment Owners Association (AOA) whether its mentioned.

Then you can purchase from them. You need to check two different document one is sale deed with owner and builder and other AOA.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Parking rules & Laws in residential areas India. Notably, the parking area (Stilt, Open, or Garage) is not covered under Floor Space Index (FSI). hence is not saleable, as per a Mumbai High Court mandate. Such parking rules in housing societies often get ruled out in day-to-day activities.

If the seller is ready to execute a registered sale deed to sell the parking space you can proced otherwise even if you buy the parking space you cannot claim ownership or title to it especially when a dispute arises in this regard in future. 

T Kalaiselvan
Advocate, Vellore
90020 Answers
2497 Consultations

A  NOC even if it is given by the apartment association is not valid or maintainable in law towards the sale of parking space by another owner  because the seller himself is not having any separate  title to the parking space that would entitle him to sell the parking space. 

if the seller is ready to execute a registered sale deed in respect of the parking space to be purchased by you, then it would be legally valid.

T Kalaiselvan
Advocate, Vellore
90020 Answers
2497 Consultations

You have been misinformed about this idea.

There is no such rule that an apartment owner is authorised to sell his parking pace alone to another apartment owner of the same complex or outside. 

The concept is since the allotment letter has been issued in the seller's  favour by the builder, his rights cannot be denied. 

An allotment letter is admissible in court and society cannot take away his rights if he  has already paid the charges for the said parking and an allotment letter has been issued in his favor.

However that will not entitle the seller  to sell the allotted car parking space to a third party for whatever reason he may cite. 

T Kalaiselvan
Advocate, Vellore
90020 Answers
2497 Consultations

You can’t buy the parking space like this. It can only be bought through rera agreement. You can use the parking space by paying the charges to society 

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

Dear client,  

The legal transaction of purchasing a parking space from another owner in your apartment complex will depend on the terms and conditions outlined in the Maharashtra Apartment Ownership Act 1970, as well as any regulations or guidelines specific to your apartment complex. Here are a few points to consider:

Review the Apartment Ownership Act: The Maharashtra Apartment Ownership Act 1970 provides guidelines for ownership and management of apartments, including provisions for parking spaces. Review the Act to understand what is permissible and any restrictions or requirements that may apply.

Check your apartment complex regulations: Your apartment complex may have specific regulations or bylaws related to parking, ownership, and sale of parking spaces. Review these regulations to ensure that the transaction is in compliance.

Ensure proper documentation: Any transaction related to property ownership should be documented with proper legal documents, including a sale deed, transfer agreement, and registration with the appropriate authorities. It is important to ensure that all documentation is in order to protect your interests and avoid legal disputes in the future.

Seek legal advice: It is advisable to seek legal advice from a lawyer specializing in property law to ensure that the transaction is legal and in compliance with applicable laws and regulations.

Overall, while it may be legal to purchase a parking space from another owner in your apartment complex, it is important to ensure that all relevant laws and regulations are followed and that proper documentation is in place.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

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