Car parking space
Naveen Jain
(Querist) 21 November 2011
This query is : Resolved
Dear Expert,
I am an Advocate at Guwahati. i wanted to know the details regarding allotment of car parking space in an apartment by a builder.
There was an agreement between the society and the builder at Mumbai regarding re-development of the apartment in which the car parking space were alloted on rental basis to the flat owners earlier. but now as per the new agreement the car parking space is divided in the ratio 50% each between the builder and the society and the society shall sell the car parking space to the flat owners. tell me what are the rights of the flat owners in this connection regarding their right over the car parking space being the owners of the flat in the apartment.
M.Sheik Mohammed Ali
(Expert) 21 November 2011
as per SC judgment not to sell car parking, its violate the tenant/owners rights, you file a case.
Naveen Jain
(Querist) 21 November 2011
Dear Mr. Ali,
thanks for the reply... but can he claim his rights over car parking space now as the flat was purchased by him long time back wen car parking sale was allowed. The issue is wen flat was purchased the flat owners didnt purchase but took the car parking space on rent nd now wen the apartment is being redeveloped the society has enetered into agreement that they shall keep 50% share each. what is the right of flat owners now regarding car parking space? can the society enter into any such agreement with the builder for sale of car parking space? can a person now claim over wat he had no right at the time of purchasing the flat?
Kindly reply
Devajyoti Barman
(Expert) 21 November 2011
Read this decision first so you can get a fair idea of what the apex court holds regarding the transfer of car parking by the builders.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2544 OF 2010
Nahalchand Laloochand Pvt. Ltd. …Appellant
Versus
Panchali Co-operative Housing Society Ltd. …Respondent
prabhakar singh
(Expert) 21 November 2011
Yes! i agree with opinions expressed.
Raj Kumar Makkad
(Expert) 21 November 2011
As the redevelopment has taken place now so fresh cause of action has accrued in favour of owners of the flats so they can legally claim for their right to have parking space even though not purchased earlier and even rent was paid earlier.
M V Gupta
(Expert) 25 November 2011
Before executing the Redevelopment agreement General Body decides the manner in which the car parking space is to be allotted to the exisaitng memebrs of the Society. Further the cosnet agreemnts executed by the members also contains provisons in this regard. You will be bound by them. At any rate as decided by the SC the car parking space is common area and cannot be subject matter of sale.
