Car parking sell able or not

Sir, The Hon. Courts have ordered time and again that builder /developer can not sell open or stilt parking spaces. Model Bye-laws of CHS are explicitly clear about rules regarding car parking facilities. Please refer parking rules in the book of Model Bye-laws of CHS 2014. Good luck, Kishor Mehta

Open parking spaces are not saleable. But built-up parking space is saleable provided the builder has otherwise complied with the DCR and such parking is over above that to be provided under DCR's. When a built-up parking lot is sold it is an immovable property and all the requirements of transfer of an immovable property shall apply. There must be stamped sale deed and you pay through bank tranfer only. Generally builders bye-pass all these things and make quick black money. Have you formed a co-operative housing society? If so the Society should take interest in the matter. The Society is the owner of all open non-saleabe parking spaces. If the Society sleeps nothing can be done.

Thank you Mehta Sir and Ramani Sir for your reply..well ramani sir yes our cooperative society has been formed but the case is the society chairman society secretary both have their own purchased parking spaces..well I don't think they have legal documents regarding owned parking but once they have told that they have proof that the parking spaces have been sold to us by the builder.. MENTAL SIR..once i have given them the reference of bye laws but they said now the rules have been changed..actually we only two people have not purchased parking spaces..rest 15 parking spaces have been purchased by the residents..and on of the resident has offered me to pay rent of Rs.500 pm if I have to park my car in his space..right now I don't have option so I am paying..as it's 2 against 15.. how can I let these people realise that buying n selling both is not legal..

SO SORRY MY MOBILE AUTO CORRECT IS ON..I MEAN TO WRITE MEHTA SIR NOT MENTAL...MY APOLOGIES SIR..PLEASE FORGIVE ME..

There are no rules other than the byelaws. Byelaws cannot be changed without the knowledge of the general body of the society. Byelaws can be amended only by the general body of Society at a general meeting called for the purpose. Also the amended byelaws have to be approved by the Registrar. Your Secretary is lying. You have the right to get a copy of the byelaws on payment of its cost. You write to the Secretary asking for a copy of the approved byelaws. You also make an application on plain paper for the allotment of a car parking slot. If the Society refuses to allot or does not reply your letter, you file a complaint before the consumer court. If all the flats in your building have been sold, the builder has no rights in the Society premises.

You purchase a copy of the latest model byelaws from the co-operative housing federation office near Horniman Circle and use it for complaint against the Society/Builder, if the Society refuses to give copy of the byelaws.