Parking issues
KK
(Querist) 06 May 2016
This query is : Resolved
Sir, ours is an association of 10 flats and there is not sufficient parking for all members. Recently, a member shifted from the building and his parking was then occupied by another member who did not have one.
This member now threatens to take legal action so as to keep his parking intact even though his car is not parked nor is he living there.
What is the legal position in this matter where there is no fixed alloted parking?
Devajyoti Barman
(Expert) 06 May 2016
If no place is demarcated for parking of car then any of the flat owners can park their cars at any place of thier choice.
Advocate Bhartesh goyal
(Expert) 06 May 2016
Space for parking neither can be allotted nor can be demarcated.Legally parking space is common for all and anyone or all members of society can use it.
KK
(Querist) 06 May 2016
Thank you very much Experts.
KK
(Querist) 06 May 2016
Sir, one of the members had paid an extra sum of money and bought a garage from the builder with his flat and it is registered in the agreement.
Legally, Is the garage parking exclusively his as it is paid for and does not come under common parking area?
Rajendra K Goyal
(Expert) 06 May 2016
Stilt parking can not be sold by the builder.
If Society is registered, adopted fare method of allotment of parking and through procedure of the society, one is not entitled for the space, he may not be allotted.
Kumar Doab
(Expert) 06 May 2016
Agreed with experts.
Guest
(Expert) 07 May 2016
The Supreme Court has upheld that order of the Bombay High Court and held that parking spaces cannot be sold by the builder. They are a part of the common areas and the cost of that land has to be charged to all the flat-owners in proportion to their carpet area. (Nahalchand Laloochand P.Ltd. vs Panchali Co-operative Housing Society Ltd. – JT 2010 (9) SC 414: 2010 AIR SCW 5549).
S.Sankarasubramanian
(Expert) 07 May 2016
I agree with the views of expert Mr. Madhu, which is the latest position and fight your rights for getting your rights, which has also been enlightened in share files of the Lawersclub of India.
S.Sankarasubramanian,
advocate
KK
(Querist) 07 May 2016
Thank you Sir. I read the judgement.
What i understood was that a garage can be sold by the builder to a person buying the flat as the definition of flat under Mah ownership flat Act includes a garage.
But non FSI parking like stilt and open parking can't be sold.
Is that correct?
