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sameer (owner)     09 May 2022

Parking space alloted in different building/tower

Hello experts,
One question:
I am in process of purchasing a flat in Pune which has two reserved car parks. Builder is not selling parking separately and it's part of the agreement clause. Agreement to sale is yet to be done. Builder showed me parking allotment plan and asked me to choose parking from the remaining options.
All options for two covered car parks are under another building (Tower B) and my flat is in tower D.
For each tower/building there will be different individual conveyance deeds and different societies in future.
How safe is to opt for a parking in another tower ?
As far as I know builder's parking allotment can be overridden by society going forward. If I am not a member of society for Tower B then will I be legally allowed to use the parking space.


Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 May 2022

Hello,

Society has final right to allot parking in society premises. So even if you purchase the parking there is no guarantee that you will be able to retain it. Builder is playing some tricks while parking allotment. It is risky to get the parking allotment in other building. Insist builder to give parking in your building / wing. 

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Kishor Mehta (CEO)     09 May 2022

If you are not a member of a CHS you do not have any right whatsoever to be allotted a car parking even by the society. The builder has no legal right to allot open or stilt car parking in a society, the allotment of car parking rights is vested in the society immediately on its registration.

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