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Prashant (S.E.)     16 October 2013

Car parking


I stay in a complex where car parking is a big issue as in other societies. But here we have some rich owner who has two flats or entire floor of four flats where they have more then 2 cars. We have total 84 flats and 35 parking capacity. When a society was formed parking was allocated based on lottery system which changes every March of the year. 

I wanted to know whether society has any rights to say "No" for a buying a car for Flat owner. 

What all rights i have on legal ground to fight against this rich people?




 7 Replies


This is only my view based on the query raised by you. Buying vehicle is your personal decision. The Committee or the Society cannot prohibit anyone from buying the vehicle of choice. If there is no sufficient parking, the society and its committee has to act in accordance with law and follow the principle of natural justice. 

NRI Legal Consulting (Consultant)     17 October 2013

Yes I am also agree with Deepak sir,

Prashant (S.E.)     17 October 2013

Hi Deepak,

Thanks for your quick reply but could you let me know as mentioned by you "the society and its committee has to act in accordance with law and follow the principle of natural justice."

Do we have any laws for this? if yes could you please explain.





Bye-laws cannot override the law. The Managing Committee (MC) cannot be judgemental. It is in this sense that the MC must be reasonable and apply principles of natural justice. Everyone has the right and there cannot be any favouritism.

Prashant (S.E.)     17 October 2013

Perfect Thanks for your reply.

I.S.Roy,Advocate (Advocate)     15 November 2013

You can buy, then all should determin the measurment of the common area first then divide the common area according to the each person sale deed in which undivide area to be mentioned at the time purchasing the 1st hand flat , tehn remaining part of the land to be divided for teh car parking to buy

I.S.Roy,Advocate (Advocate)     15 November 2013

First all the at present owners of the flats determine to measure common area then separate the undivided share according to sale deeds in which mentioned after that the remaining common area to be make 70 sft each for car parking then such m parking can be purchased on lottery base

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