Parking allotment was done because the flat owner purchased the flat from builder
2) it is incidental to ownership of flat
3) parking is attached to flat not the owner
4) society should allot the parking slot to new flat owner
Is car parking allotted to flat or owner
One of the members of our cooperative society purchased a flat with an allotted parking (separate unregistered letter from builder) . The previous owner of the said flat continues to reside in the same society . He is now insisting that the parking was allotted to him and hence he will continue to park in the same spot . He says he did not sell parking to the new owner. The parking spot is in a common area outside the bedroom of the new owner . 1. Can the previous owner sell the flat without the parking allotment . There is no parking allotment letter in original sale deed . 2. Is parking attached to a flat or to the owner 3. Our society secretary insists that we give him the list of laws and acts which states that the allotment now belongs to the new owner or the old owner is no longer entitled. 4. Can the seller continue to hold the parking allotment
Asked 2 years ago in Property Law
Religion: Christian
8 Answers
As per law, parking is attached with flat and it cannot be sold separately.
1. It is sale deed which is the final document. So if parking is not mentioned in orgionsl allotment letter but is alloted subsequently then parking shall be counted. Further if by any letter parking is allotted then also it is counted.
2. Parking is attached to flat but parties are free to make agreements.
3. If parking is sold with flat then new owner can be entitled but if there is any other agreement to the contrary then such agreement too is valid. You can consult apartment Act, building rules and bye laws of development authority.
4. Yes, if parking is kept separately by agreements among seller and buyer.
The ability to sell a flat without the parking allotment depends on the specific laws and regulations governing property transactions in your jurisdiction. Generally, if the parking allotment is a separate and distinct component from the flat, it may be possible for the previous owner to sell the flat without including the parking allotment. However, this can vary depending on the terms of the original agreement and any subsequent agreements or regulations that may apply.
Whether parking is attached to a flat or to the owner can depend on various factors, including the specific provisions of the cooperative society's bylaws, any contractual agreements, and the applicable laws in your jurisdiction. In some cases, parking may be considered a separate entity that can be bought, sold, or transferred independently of the flat. In other cases, it may be considered an attached amenity that is automatically transferred with the ownership of the flat.
Providing a comprehensive list of laws and acts is beyond the scope of this response, as it can vary depending on the jurisdiction. However, your cooperative society secretary can consult with a qualified attorney who specializes in real estate or cooperative housing laws to obtain the relevant legal provisions and case law that support the argument that the parking allotment belongs to the new owner or that the previous owner is no longer entitled to it.
Whether the seller can continue to hold the parking allotment would depend on the specific agreements, regulations, and laws applicable in your situation. If the parking allotment was not specifically transferred to the new owner as part of the sale, and there are no provisions in the cooperative society's bylaws or any other relevant agreements indicating that the previous owner can retain the parking allotment, it may be argued that the parking allotment should be transferred to the new owner along with the flat. However, this will ultimately depend on the specific details of your case and the applicable laws in your jurisdiction.
Hi, when there is no parking allotment to the original owner then he can't the sell the same. Therefore, previous owner has no right over the car parking area.
- 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, a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. , and only the housing society's general body could make the allotment of space to flat occupiers.
- After forming the society and registered , it becomes the owner of all the common spaces of the apartment complex including the parking spots, and society can make new rule for allotting the parking to its members.
- Further, if there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the members
1. The parking cannot be sold by the builder and not the owner
2. No , however if the last owner having registered agreement then he can sell the same.
3. The parking space is common area , and the society is liable for the same.
4. The seller having no right over the parking
It’s allotted to the said owner by society. only under rera law it’s sold to the owner and society can’t object to the same
In any multistorey apartment complex, car parking space comes under the definition of 'common areas' meant for the use and enjoyment of all the residents. No exclusive car parking slot can be legally sold or transferred. Drive home this point to the society as well as the flat-owners, old and new. If they do not agree, engage a competent lawyer and send them notices. Take further action in consultation with your counsel.
1. The sale of flat includes the parking space that has been allotted to the seller by the developer or the association.
2. It is attached to the flat.
3. You can inform the society to peruse the bylaws in this regard.
4. Once the seller sells his flat he is not entitled to hold back the car parking space.
