Can an empty car park be given on rent

Ria (Querist) 15 June 2014 This query is : Resolved
Respected Experts,

Can a car park be rented out by the person to whom the car park is alloted ?

Would such renting of common property be valid as car park is not salable and is not subject to absolute ownership of any member of society ?

Please advice.

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ajay sethi (Expert) 15 June 2014
no you cannot rent out your parking slot . if you do so society may cancel your slot and allot it to those who dont have any car parking slot

Lawyer SALEEMA KABEER (Expert) 15 June 2014
Allotment of car park will not create any absolute right. On the other hand, such car parking slot is nothing but a common area. Therefore, such car parking slot can not be legally rented out.

Devajyoti Barman (Expert) 15 June 2014
professional query.....

Rajendra K Goyal (Expert) 15 June 2014
Allotted car parking is common area and can not be rented by individual to whom it is allotted.

Sudhir Kumar, Advocate (Expert) 15 June 2014
well explained by Saleema Kabeer

I will add that since something is not owned by X, X cannot sell or rent the same.

Dr J C Vashista (Expert) 16 June 2014
Clarify regarding status of Car parking such as:
Where is the car parking located i.e., inside some residential area (such as cooperative society)or business/market place/cinema hall/mall etc.?
Whether the parking has been allotted or purchased (even if it constitute part of cooperative housing society)?