• Parking dispute

I am residing in a apartment,  the problem is that the owner has sole out his flats but he says that he has not soled his parking.  My question is once he has soled his flats he has no right on the undisputed land share. kindly let me know what  is the legal right on the parking place.
Asked 2 years ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) parking slots form part of common area for benefit of all members

2) SC has held that builder cannot sell car parking slots 

3) builder has to execute conveyance  deed of the land  in favour of society formed of flat owners 

Ajay Sethi
Advocate, Mumbai
45657 Answers
2684 Consultations

5.0 on 5.0

every flat owner is entitled to a car parking slot if he/she owns a two or four wheeler, if the owner does not need a car parking slot, he may opt not to purchase one, in that event the car parking slot remains with the land owner. Land share is different from car parking space, the owner may have sold out all his flats, his entire land share is sold out along with flats, but car parking continues to remain with the owner if he has not sold it as yet.
Kiran N. Murthy
Advocate, Bangalore
999 Answers
89 Consultations

5.0 on 5.0

If the parking comes with the flat and mentioned in the agreement he can't keep it sepearetely after sale of his flat.
If there is a sepeeate  agreement for parking with the builder, then the owner can retain it even if he has no flat.He can either sell it or rent it out or use it.
The housing society needs to take a call on this whether to allow him to rent it for outsiders other than members
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

If he had purchased the parking lot which had a separate space at an additional price then selling of flat does not mean divesting his right , title on the parking lot as well.
Devajyoti Barman
Advocate, Kolkata
12867 Answers
166 Consultations

5.0 on 5.0

1) All flat construction plans are approved if and only if there is a parking space provided by the builder. 
2)The Andhra Pradesh Apartment Ownership Act includes basements, gardens, cellars, parking areas, main walls, terraces, halls, stairways, corridors, entrances, exits and lobbies, and the entire space of land used during construction under the definition of common areas in an apartment complex. Hence parking areas cannot be sold separately by the builder. 
3) The supreme court of india  in the case of  Nahalchand Laloochand Pvt. Ltd. vs. Panchali Co-operative Housing Society Ltd  dated 31-8-2010 has clearly stated that builders cannot sell parking spaces separately to the flat owners. 
Parking space is part of common area and hence cannot be charged extra by the builder. 
Hope this helps. 

Rajgopalan Sripathi
Advocate, Hyderabad
1307 Answers
161 Consultations

5.0 on 5.0

The parking slot can be independently sold by the owner if it does not form part of the premises of the property that has been sold by him. If the seller had purchased the parking slot from the builder then he has the liberty to retain the parking area even after the sale of his flat.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

There is no question of holding the parking space after selling the apartment/flat.  The vendor has no rights in the premises after he has sold his flat and handed over possession to the buyer. The parking space is included in the sale deed.  Have you made a complaint with the association?  If he is making any such illegal demands, you can take up the matter with the association for relief and remedy.
T Kalaiselvan
Advocate, Vellore
35809 Answers
390 Consultations

5.0 on 5.0

parking cannot be used separately because it is connected with the flat. you should file a complaint before the society or file a suit for possession of parking place. 

it is right of easement, flat owner to use parking because it is connected and necessary for full enjoyment of the property.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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