Stilt car parking laws
Shyam Balakrishnan
(Querist) 12 November 2012
This query is : Resolved
I would like to know what law governs stilt car parking. The stilt Car parking facility was purchased by me from the builder in 1994. There is an agreement .1996 we had possession .. The co-op society refuses me to give my car parking slot to any tenant as i have to give my flat on leave n license agreement.Their argument make sense as the members of society themselves does not have car parking slots.... For me , no tenant comes coz they have car parking issues. I have two issues 1) I am not getting tenant or if i get tenant i cannot give Car slot to him 2) society is currently using the slot but they are saying that they will not give any rent, coz it is the property of society members...if i am not using it ..again they have a point...
What is a solution as now i am staying in panvel and this society i am referring is at Kandival (E).
The other problem is that the society still has not done a conveyance deed. pls suggest , what is to be done ... I am not sure whether the purchased car slot from builder can be sold to someone along with the flat or not or will society object for NOC or for transfer. please advise.
ajay sethi
(Expert) 12 November 2012
before selling your flat obtain NOC from society .it will save you lot of leagl hassles . mention about car parking slot also in sale deed . if society transfer the flat along with slot you are safe .
the slot has been purchased by you in 1994 . society has not challenged the sale of stilt car parking slot to you . if you are not able to get any tenant and monthly maintenance charges are pinching you sell off your flat . your investment must have appreciated handsomely in last 18 years
Raj Kumar Makkad
(Expert) 12 November 2012
As per latest law delievered by Hon'ble Supreme Court, the Car parking space cannot be sold and even if the same has been sold either by soceity or builder, the same is null and void so you legally have no ownership towards the car parking space.
In the light of your problem, it shall be better to get allotted space from society and with the consent of it rent it out or sell off but still you cannot claim the space as a matter of right.
