Parking space

The car parking spaces is part of the common amenities and it cannot be treated to be a separate premises/garage as per the verdict of Supreme Court. Therefore, the same could not be sold/conveyed by the developer or any of the flat owner to any other person.

@ Saleema Kabeer

Can you provide the citation/judgement of the Supreme Court

It has to be decided in general body meeting of the soceity.  Whatever it is decided it has to be followed.  If there is any irregular and fraudulant act by the society or the builder, the sufferer can approach the civil court for his grievance. 

I agree with the views of Advocate Ms. Kabeer on the subject issue. The proposed lottery system to allocate parking space to the members will be the best system where the members are more and the parking space is less. In the event of builder or the association charging for the parking space from a member will be considered illegal in the light of Supreme court judgment on the issue.

Mr.Kalaiselvan, Ravinder Any other.......

What is that Supreme Court Judgement with regarding Car Parking ? 

Can you provide the citation/judgement of the Supreme Court ?

Thanks

Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd.[AIR 2010 SC 3607]

A bench of Justices A K Patnaik and R M Lodha, ruled that builders or promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners.

Ravinder Sir,

 

Thank you so much..

As per the judgement builders cannot charge for car parking, then

In Bangalore at the time of registration, the officer in sub-registrar office while calculating the stamp duty and registration charges they also include the car parking charges [i.e., for open and covered parking it is 1.35 & 1.5 lakhs respectively].  At the time of Sale Agreement the builder has already collected the car parking charges, apart from this, at the time of registration the purchaser has to pay the above amounts to government.  [At the time of registration the builder will not disclose about the car parking charges payable to sub-registrar, they simply include in the stamp duty].  So the buyer is almost trailing his 3 to 4 lakhs for car parking.

[This fee is applicable only for those who are registering the property as per government guideline values]  I don't  know whether the same procedure is followed by other state sub-registrar offices. 

Is there any government guidelines to this effect or blindly they collect this amount ?      

The sub-registrar office go by the recital of sale deed wherein the parking slot is also sold in the terms mentioned therein, hence. If you are still i doubt, you may verify the same from a registered sale deed of any other person who  has not purchase the parking slot as per the sale deed, but the same was embedded in the sale of the flat.

Thank you for your reply everyone.
 

But i am still not clear about weather it is possible for some members who do not own a car to still have parking slots and also if they can charge high rent for it.

When i approached the managing committee, i was told that they have been allocated those parking slot from the builder and hence society cannot do anything in that regard.

Also if there are some slots which have been allocated by the society, but the member does not have a vehicle, can the slot be allocated to a new member with a vehicle?

1.  Parking Slot /Space issue depends on EACH State's Development Control Rules and the State's Regional Town Planing Acts.

2.  The SC judgement in matter of  "Nalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd.[AIR 2010 SC 3607]",   pertains to MOFA, MRTP, MMC laws, and are applicable ONLY & ONLY to Maharashtra State.  It is another matter that the SC order may be used as a precedent or reference for such matters, without any lawful liability.

3.  MOFA, MRTP, MMC laws, are specific for Maharashtra, constituted by the Maharashtra Legislative Council.  AND it is not formulated by the Lok Sabha, which in turn means that they are not applicable to other States (unless adopted or whatever)

4.  The querist belongs to Bangalore, where the Parking modalities shall be governed by the State's Development Control Rules and the State's Regional Town Planing Acts.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

@Kalaiselvan sir,

You are right, but what i have mentioned is only for those who are buying car parking, may be those who are not purchasing the car parking they need not bother about it.  Yes the sub-registrar offices will go by recital, if you do not mention the car parking details they will not calculate/add that amount.