I have given my property on rent in mira road. I have an allocated parking space (open) and I have asked my tenant to use that space for parking his vehicle. Sometime back society issued a notice that tenants will not be able to park their vehicles and the owner's parking space will be used by the society members (owners of other flats). Subsequently , my tenant is not allowed to park his vehicle in the allocated parking space. Please let me know what can I do in this regard. I'll be very thankful to you.
Asked 2 years ago in Property Law from Thane, Maharashtra
1)tenant is only a nominal member of the society . nominal member does not have parking rights
2) you have not mentioned how many parking slots are there in society ? how many members in the society ?
3) how was allotment of parking slot done by society?
4) whether each member has one parking slot ?
5) if number of members are more and parking slots less then decision of society would be correct .
6) if however each member has a slot then you can challenge decision of society before cooperative court .
A. At the time of Sale of the Flat that parking area determined and transferred with flat.
B. If you have got flat along with parking area, Society cannot question about it subject to duty and obligations mentioned in the Sale Deed.
C. Kindly check society by laws i.e. rules and regulations with respect to the same. If your slot is clear, you have liberty to question before ARCS court.
If you have permitted your tenant to use your designated parking area then the society can not question it, because at the time of sale deed itself the parking area for your flat will be earmarked and you would have paid money for it.. However it is better to check the byelaws of the society and if your stand is clear, then you can question society's objection before ARCS Court.
1. Has a specified parking space been sold to you by the builder while selling the flat to you or it is the open space which the Society has allotted you as one of the flat owners to park your car?
2. Is there any shortage of car paring space incomparison to the nos. of flats in your complex?
3. If the above are true then the Society has the right to bar the tenant from parking his car at the space allotted to you inside the premises & it may reallotti the said space to the flat owner also,
4. Actually the same rule prevails in the Society in Kolkata where I reside.