subletting dedicated open parking to another member?

mahmood mithani (Querist) 19 October 2024 This query is : Resolved
Ours is a housing society registered under the MCS act 1960, i have 2 question related to each other
1. can a member sublet his dedicated open parking to another member? though society is not charging any parking charges to the member.
2. if yes - can a member sublet his parking to another merely on the plain letter or he has to notorised the agreement or have to execute registered agreement?

i would be very thankful if someone guide on this
thank you

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Quick Summary

This discussion explores whether a member of a housing society, registered under the MCS Act 1960, can sublet their dedicated open parking space to another member. The consensus suggests that if the parking space is considered the owner's property, subletting might be permissible, subject to the society's internal decisions. However, the legal standing depends on whether the parking is part of the registered property and if the society has specific bylaws addressing this. It's advised to check the society's rules and potentially seek legal counsel for clarity on agreement requirements, such as notarisation or registration.

T. Kalaiselvan, Advocate (Expert) 19 October 2024
An owner can legally sublet an open parking space to a tenant. However, a tenant can only sublet a parking space with the permission of the landlord or the owner of the space or building.
if the owner is not parking his car then his licensee or tenant should be allowed to use the car park space allotted to the owner.

Sudhir Kumar, Advocate (Expert) 20 October 2024
if dedicated parking is his own property he can sublet it to others.

Dr. J C Vashista (Expert) 20 October 2024
It is internal decision of the Society if majority members decide it can be sublet parking area to some other member.
However, no such law exist to allow or debar a member from subleting parking space inside society premises.

Sudhir Kumar, Advocate (Expert) 23 October 2024
You have not disclosed if the dedicated parking is part of registered property of the owner.

P. Venu (Expert) 24 October 2024
What are the facts? What is the cause of action, if any? This forum is not ment for answering hypothetical riddles.

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