If it’s allotted to rera coveted parking then only he can sell other parking date property of society
Hello Everyone, I live in a Gated society of 9 towers. 3 towers are combined to form a society, that is there are 3 societies and a Apex. There is parking issue for folk in tower 8 as builder did not make enough provision of common area. A owner form tower 2 is selling his covered parking, I wanted to know if I can legally purchase it? I fall under society 3 and he under society 1. As we all are under a single apex body I was thinking may be this is possible.
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If it’s allotted to rera coveted parking then only he can sell other parking date property of society
In any condominium of flats, car parking lots come under the definition of 'common areas'. They are meant for the use and enjoyment of all the residents in common. No flat owner legally has any absolute and exclusive right over a cark parking slot. As such, they cannot be legally 'sold'.
A parking slot cannot be sold as an independent, transferable piece of real estate. It is legally tied directly to the specific flat to which it was original allotted.
An owner does not possess an independent title deed for a parking slot alone. Therefore, if you execute a private sale agreement or pay cash to buy his parking slot, that transaction is legally null and void.
The rights to govern and allocate unallotted or common parking lie with the registered Managing Committee / Apex Association, not individual flat owners.
If the owner in Tower 2 no longer needs his parking (e.g., he sold his vehicle or does not own one), you can approach the Apex Body / Managing Committee to formalize a transfer, submit a joint application to the Apex Body requesting a re-allotment/transfer of user rights. The Apex Body can pass a resolution under its bylaws to re-assign the slot to your flat and update their official Parking Register and security records.
Parking slots are only for members residing in one society
if you are in different societies you cannot legally purchase parking slot
1. in my view since there is an apex society of which the individual societies will become members, if you buy the car parking space, you cannot claim any exclusivity in the same since it appears that there are more number of flats in all towers combined than car park spaces
2. in such an event the apex society would have to allot the car park spaces by rotation so that all society members have the benefit of a dedicated car park space and no individual member claims any exclusive right over one or more car park spaces. thus, it is very likely that the apex society would ignore your purchase and proceed to allot even your purchased car park space to another member going by the rule of rotation. If that happens you would be allotted a car park space at some other location and not at your purchased parking space
Dear Client,
It totally depends upon that ‘what kind of “parking” is actually being sold?’
This is the threshold question, and it changes the entire analysis.
So the first thing to check is the seller's own documents: was this covered parking separately purchased and registered from the builder (a distinct unit in his agreement/Index-II with a defined area and price), or was it merely allotted to him by the society out of the building’s common covered parking area?
If it was allotted by the society it's likely not saleable to anyone
Most housing society bye-laws (India-wide model bye-laws, and specifically Model Bye-law 78-84 for cooperative societies) treat parking as a right of use, not a transferable asset: the allotment of parking space shall be made by the Committee on a first-come-first-served basis, and the member shall have no right to sell or transfer the parking slot allotted by the society. Allotment is also restricted to actual members with vehicles, and slots that fall vacant go back into the pool for re-allotment by the society if a resident moves out or sells the flat, the parking slot is typically surrendered to the society, which then re-allots it to the next eligible resident.
I hope this answer helps, if you have any other query, kindly do not hesitate to get back to us, thank you.
Sir/Madam,
it is not clear from your query as to whether it is open parking or other kind of parking. However, it is suggested that you may purchase the parking by informing the concerned societies and Apex so that no complications are raised later by them. Please note that this suggestion is purely based on convenience as you are living under the same Apex body and you need a proper parking for yourself. There should be no problem in that.
Purchasing a parking space from an owner in a different society within the same apex body is legally complex and generally not permissible as a direct private sale. Under Indian law, particularly the Real Estate (Regulation and Development) Act, 2016 (RERA), parking spaces are typically classified as "common areas" and belong collectively to the society's members. As per Section 2(n) of RERA, open and stilt parking spaces form part of common areas and cannot be sold separately as independent units. The Supreme Court in Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society (2010) held that builders or promoters cannot sell parking areas as independent units or flats, as these areas are to be extended as "common areas and facilities" for the owners. Consequently, a parking slot is legally tied to the specific flat to which it was originally allotted, and the owner does not possess an independent title deed for the parking slot alone. Therefore, a private sale agreement between you and the owner from another society would likely be legally null and void.
Even though all societies fall under a single apex body, this fact does not automatically make a cross-society sale of parking legally permissible. The governing documents of the societies and the apex body may regulate whether a parking right can be transferred to a member of another constituent society. The rights to govern and allocate unallotted or common parking lie with the registered Managing Committee or Apex Association, not individual flat owners. If you wish to acquire the parking space, the correct legal route is to approach the Apex Body or Managing Committee with a joint application from the current owner requesting a formal re-allotment or transfer of user rights. The Apex Body can then pass a resolution under its bylaws to re-assign the slot to your flat and update their official parking register and security records. Alternatively, you could execute a Leave & License Agreement or Parking Lease through the society, where the owner retains title but leases you the exclusive right to park for a monthly or annual fee, subject to written approval (NOC) from the Apex Committee. It is essential to consult a legal professional and review the specific bye-laws of your societies and the apex body before proceeding.