Open shaded stack parking

Bharat verma (Querist) 14 September 2022 This query is : Resolved
Hello,
We have bought the flat in 2021 ( New ) with Open shaded stack parking from builder.
The parking details are mentioned in the Index 2 as well as in the Agreement by the builder.

But, some members in the society says that open space parking is common parking and its illegal.
can someone share their input ? who is correct and is it legal/illegal?

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A flat owner purchased a property with an open shaded stack parking space clearly detailed in their agreement. However, some society members claim this is common parking and therefore illegal for individual use. The discussion revolves around whether designated parking spaces in an index or agreement are considered personal property or part of the common areas accessible to all residents.

kavksatyanarayana (Expert) 14 September 2022
Common areas are intended for common use only meant for the utilization by all members and no one member can appropriate the same for his personal use, even temporarily for the purposes of parking additional cars.

Dr J C Vashista (Expert) 15 September 2022
Whether the flat constitutes part of a cooperative society or private ?
However, parking is part of "common area".

Advocate Bhartesh goyal (Expert) 15 September 2022
Yes, parking is part of " commam area " which can be used all members of society.

Bharat verma (Querist) 15 September 2022
The parking details are mentioned in Index 2, still it is bot mine ?

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