tech1978 (abcd) 04 November 2012

Advice regarding parking space

I live in kandivali and in a complex having 6 buildings. Few are from 2000 and one is brand new. For those buildings conveyance deed is done.

Noew in that building also there are some parking which builder is holding. Can he sell those parkings (not legally but taking money and giving allotment letter?) . Will this cause any issue in future ? Those parkings are not alloted to anyone.

There is also another flat owner who has got 3 parkings and ready to sell one to me. Can he sell that ?

I am living there since 2001 and dont have parking. If I want parking what should I do ? What is the legal procedure.

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3 Replies

S Jadhav 98336 98330 (Jadhav & Associates) 05 November 2012

Builders/Developers cannot sell common areas like parking to any individual buyers. It is considered common property of all flat owners and is owned by the society. However, many builders take money from the buyers (as the buyers do not have any power of bargaining, it is builders who have power) and allot them the parkings.

Since all flatowners have paid for their parking, they do not argue with each other later on. But when some of them have not paid like you and demand parking, there will be two sides in your society.

However, legally parkings are society property and they can decide how to allot them and how much monthly or yearly charges to be taken from each flat owner.

Please request the society in writing with a copy to the Registrar that the parkings should be allotted by the society periodicxally and should not be sold by the builder.

S Jadhav

tech1978 (abcd) 05 November 2012

Thank you sir for your reply.

But it has been found that builder is selling parkings to some people (prefrably to who are holding good positions in organisations and have flats in out society). He is taking money and allotting parking to them. This is happening since 2007.

In this case if I go ahead and go for it (like others did) what legal problems can come ?

If builder is holding a flat in society can it be legal to show that parking is transferred ?

If society is formed then how can builder keep parking with him without surrendering to society?

S Jadhav 98336 98330 (Jadhav & Associates) 12 November 2012

Supreme Court of India has already termed the sales of parking illegal. The Builders however, do not seem to care about the Supreme court in India. The police will be very quick to penalise you if you have dark films on your car window panes but no police action will be taken on Builders violating Supreme Court orders on sale of flats on saleable area insted of Carpet area or sale of Car parkings.

The Builder is acting illegally by selling car parks as I have stated earlier but since most or all flat owners buy these parking spaces they do not allow the society to reallot these parking spaces. The society is the owner of all common areas by law and it is its duty to allot these common areas to its members.

S Jadhav