Garage space parking area issue
We live in a standalone building complex having six residential flats in total. As per the building sanction plan, there are 3 garage spaces. I am one of the persons who bought the 3rd garage space while buying the flat at a later date. The balance 2 garage spaces were bought by two flat owners, who had bought the flats at an earlier date.
However, the promoter has sold an additional garage space (one in number) to a flat-owner, who bought the sixth flat at our complex at last. We feel that the promoter had fraudulently sold a 4th garage space to the flat-owner who had bought the 6th flat lastly.
Is there any law which can curb the parking rights for the car of the person who had bought the flat at last, i.e. 6th Flat along with the 4th garage space???? Kindly advice
Asked in Property Law from Kolkata, West Bengal
builder cannot sell car parking slots . it is well settled law laid down by Supreme court that parking slots form part of common area and builder has no right to sell the same . however if you challenge the same the sixth floor flat owner will challenge sale of parking slot to you too .
The Supreme Court ruled that Developers cannot sell open spaces and stilt areas in their buildings as these are meant for common use and form part of the flats. Flat purchasers need not shell out extra money from their savings to buy parking spaces, both open and closed, from property developers at the time of sale.
“Open-to-sky” areas or “stilted” (covered) portions of their flat complexes, usable as parking spaces, cannot be sold separately by flat builders/promoters/developers as “garage”, the Supreme Court has ruled. These spaces are part of the “common areas” in flat complexes and not “saleable independently as a flat or along with a flat”, the court said in a judgment. The verdict sets a precedent even as the apex court took note that builders/promoters/developers were “indulging in malpractices in the sale and transfer of flats and the flat purchasers were being exploited”.
In the wake of the Supreme Court ruling the builders have no authority of law to sell any open space. Parking area being a common area is an open space which is beyond the selling power of the builder. You may challenge before the court the sale of the 4th garage to this person, but on this premise the sixth flat owner can also challenge the sale of parking space to you. So you will lose more than you gain.