Please explain legal ownership of stilt area if conveyance of property is pending. Can member of society transfer stilt area used by him for parking with informing committee members.
varsha utekar 17 November 2022
Please explain legal ownership of stilt area if conveyance of property is pending. Can member of society transfer stilt area used by him for parking with informing committee members.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 July 2025
Ownership of Stilt Area As per the Supreme Court ruling in Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. (2010), stilt parking spaces are part of the common areas and cannot be sold separately by the builder.
Even if a member has been using a stilt area for parking, they do not own it individually unless the society has formally allotted it through a resolution.
If the conveyance deed (transfer of property title from builder to society) is pending, the stilt area is still considered part of the building’s common amenities and not privately owned.
🔄 Transfer of Stilt Parking by a Member A member cannot legally transfer the stilt parking space to another person without society approval, especially if:
The space was not allotted via a registered sale deed. The society has not ratified the transfer or use. Informing committee members is essential because stilt parking is a shared resource. Unauthorized transfer may be challenged and deemed invalid.
📌 Key Takeaways Stilt parking = common area, not private property. No conveyance = no individual ownership of any part of the building, including stilt areas. Transfers require society approval, ideally through a general body resolution.
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