• Parking transfer between flats in Mumbai: same owner

I have two flats in same building in Mumbai. I wanted to transfer alloted parking of one Flat to another and vice versa. How should it be done ?
Asked 16 days ago in Property Law
Religion: Hindu

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8 Answers

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas.

Parking spaces are common spaces which belong to the housing society.

Allotment of the same is at their discretion.

Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body.

Therefore you may approach your association to get a  NOC for interchanging parking space.

If you want to park your own car interchangeably then you do not have to seek permission.

 

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

Approach the society to change allotment of parking slot 

 

2) society should in writing agree to your request for transfer of car allotment 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

You need society consent for change in allotment of parking slots 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

1.  If the parking slot was allotted to the flat owners by the Society, then approach them to resolve the issue in your favour.  Since you own both the flats, no inconvenience to anyone, the problem would be solved by invoking the Society officials.

2.   However if the parking slot is shown in the approved sanctioned plan by the statutory authorities,  such as Corporation, Municipality, etc., you can approach the concerned in the jurisdictional office and sort out the issue.

Shashidhar S. Sastry
Advocate, Bangalore
4947 Answers
308 Consultations

5.0 on 5.0

- As per Delhi High Court direction, none of the flat owner can claim more than one parking slot, and is entitled for only one parking slot in the building.

- If you have two units /flats , then you can get the two parking space and the society cannot refuse for the same. 

- However, as per the law, 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. 

- Hence, you cannot interchange the parking slot without involving the society . 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

The society is the authority here and in charge of all common areas hence it is pertinent that you obtain the consent of society before proceeding with your intended act.

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

Yes you can execute Exchange deed between your yourselves 

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

Dear Client,


Transferring allotted parking spaces between two flats in the same building typically involves several steps, and it's essential to follow the building's regulations and legal procedures. Review the building's rules and regulations regarding parking space transfers. There might be specific protocols or paperwork required by the building management or housing society. Inform the housing society or management committee about your intention to transfer the parking spaces. They might have specific forms or procedures you need to follow. They might also require a written application from both parties (owners of the flats involved) requesting the transfer. Create a formal agreement detailing the transfer of parking spaces between the two flats. This agreement should include the details of both flats, the parking spaces being exchanged, and the consent of both parties involved. Submit the transfer agreement and any other necessary documents to the housing society or building management for their records and approval. Once the transfer is approved, ensure that the records of both flats are updated to reflect the new parking space allotments. This might involve updating the documents with the housing society, municipal corporation, and any other relevant authorities.

In most cases, the involvement of the housing society or building management is necessary for transferring parking slots between flats within the same building. The society typically manages parking allotments and maintains records to ensure clarity and fairness among residents. However, if both parties mutually agree to swap parking spaces without affecting the common records maintained by the society, you might be able to arrange a private agreement between yourselves. Even if you're considering a private arrangement, ensure it doesn’t violate any rules or regulations set by the housing society. Violating these rules might lead to complications or disputes in the future. Draft a clear and legally binding agreement between both parties specifying the swap of parking spaces. It should outline the details of the exchange, the agreement duration (if temporary), and the consent of both flat owners. While not involving the society might seem more convenient, it could still be beneficial to inform them of the mutually agreed exchange for transparency and record-keeping purposes.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

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