Parking area swapping to be registered
Bipin Sinha
(Querist) 20 December 2019
This query is : Resolved
I have a flat with reserve covered parking a society in Pune and now I want to get the same exchanged with another flat owner's parking as my new car length is more.
Please suggest how can we make a legal mutual agreement so that in future our next generation should have clarity.
Raj Kumar Makkad
(Expert) 20 December 2019
Obtain the permission of the society in writing and by exchange of mutual affidavits get it done by getting it entered in the record of the society.
Sudhir Kumar, Advocate
(Expert) 21 December 2019
not possible to comment without seeing society constitution and terms of allocation of space.
SHIRISH PAWAR, 7738990900
(Expert) 21 December 2019
Dear Sir,
You can mutually exchange parking in understanding in between you and other member, Society may help you however there is no rule to exchange the parking legally.
Regards,
Hemant Agarwal
(Expert) 21 December 2019
1. Open /Stilt /Podium /Basement Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).
2. IF the Society resolutions permits such exchange on records, THEN it is possible, otherwise both parking slot users can execute an MOU for such exchange of parking spaces, without any monetary considerations or without any reference to the Society. Such MOU will "mutually" have only "persuasive power", but is legally not enforceable.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
kavksatyanarayana
(Expert) 21 December 2019
You have to obtain NOC from the Society. After that, an exchange deed shall be executed and registered by paying necessary stamp duty and registration fees.
Dr J C Vashista
(Expert) 22 December 2019
Apply to the Managing Committee of the Society for mutual exchange with consent of other member and an indemnity bond, if permissible under Bye-Laws of the Society.
It is advisable to consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and proceeding.
T. Kalaiselvan, Advocate
(Expert) 28 December 2019
There is no provision in law for enforcing this act now you desire to.
You may get into a memorandum of understanding with the other member duly notarised for this arrangement with or without the consent of the society and take possession and enjoy the same till the extent that this arrangement is not disturbed by a dispute at a later stage.
There is no hard and fast rule to permit you with this facility, even the society cannot pass a resolution in this regard since this may be taken as a precedent and the society may apprehend fears that when any disgruntled member takes objection to this especially when the parking space is allotted on rotation basis to the members due to paucity of parking space to accommodate the other members at a later stage.
You may be aware that even if you have paid for the car parking space to the builder, the parking space come under the common areas and the actual owner of all the common areas is the society and not the individual.
