LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Adi (Self)     28 February 2014

Major parking issue in my society (andheri,mumbai)

Hello,

i wanted to clear some of my doubts from fellow members/experts here. I have been living in this huge co-operative society in heart of Mumbai (andheri-w) since 14yrs. I believe we were the initial residents in this building. Society was formed in 2003. Now we have a lot of parking problems here because most flat owners have 2-3 cars and our society has very limited space. 

Majority of parking slots were sold by builder to the owners directly (stilt & open parkings). Therefore we did not have any parking space for ourself for almost 12yrs until recently when the society committee decided to allot leftover open parking spaces for a non refundable deposit. 

now my problem is that we own two cars and have received allotment only for one car however due to lack of space society is asking us to park our second car outside the gate. This is not justified because there are owners with more than two cars and they are still parking it within the society premises, only because they have multiple parking which they bought from the builder directly. Society is also not willing to help us in this situation. 

in such cases, can the society ask these owners to surrender additional parking space even though they purchased it from builder? Because I remember coming across an article where court passed an order that builder is not permitted to sell any parking area.  what actions can be taken so that every flat has only one parking in the society and additional cars parked outside ? I mean rules should be equal to all. 

 

Please advice 

 

thanks



Learning

 16 Replies

sidd (Not working)     28 February 2014

I have seen one site where there are various solution for our basic societies problems,

pls refer

https://www.moneylife.in/article/chs-or-co-operative-housing-societies-issues-and-solutions/35303.html

hope this helps,

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 February 2014

I have also heard about a Supreme Court decision saying that parking lots cannot be sold by the builder. But I could not get hold of the judgment and hence I cannot exactly say what the judgment was. If any of the LCI members can guide it will be useful.

My understanding is as follows:

Parking in the compound i.e the open space around the building can be sold neither by the builder nor by the society.

Parking slots under the stilt designated as such and approved by competent authority can be sold.

The Model Bye-laws permit the Committee to allot parking space to members  in the compound on a monthly payment basis. If there are more applicants than the number of parking lots available the allotment will be decided by taking lots. There are restrictions on allotting more than one lot to a member. No deposit or other lump sum payment can be collected by the Society for allotting parking lots. The relevant bye-laws are attached.


Attached File : 960175178 bye laws-car parking.pdf downloaded: 116 times

Adi (Self)     28 February 2014

If stilt parking is not allowed to be sold by builder or society, can society ask members to surrender their parking even if they paid money to the builder and have it in writing?

Suneet Gupta (www.vashiadvocates.com)     01 March 2014

Technically, stilt or open parking cannot be sold either by the builder or the society. However, this rule was clarified after the recent SC judgement, and I am not sure it can be applied retrospectively in your case, as your society is quite old.

Further, in your case, even the society has itself 'sold' the parking spaces by taking a non-refundable 'deposit'. I am not sure there is any difference between the sale of parking spaces, either by the builder or by the society. In fact the former will be valid as they have bought the same through a registered sale deed at a time when the purchase was legally valid, while the society has only allotted the parking spaces.

In your case, the society can try to 'confiscate' all the parking into a common pool and then allot it equally to all its members (through a rotational system). However, it will be contested by the other members, and I am not sure whether it will be legally tenable. Further, you might also suffer as your single allotted parking space will also be cancelled, and re-allotted.

SHIRISH PAWAR, 7738990900 (Advocate)     01 March 2014

Parking lots cannot be sold by builder and even by society. Previously sold the parking lots  by builder are not binding on society. Society can allow to use the space for parking by charging monthly fees. For parking purpose society can put up a draw on yearly basis. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 March 2014

@ Suneet Gupta

Can you please give me the link to the Supreme Court judgment referred to by you. I would like to see the judgment.

@ Adi

"If stilt parking is not allowed to be sold by builder or society" any sale made is automatically null and void. If the sale is null and void it gets merged with other common areas of the Society and the Society can allot it according to the bye-law, which I have already sent to you. If you want to park your second car there are provisions in the bye-laws which I have sent to you. You will have to logically extend the bye-laws if members are having more than two cars. In other wards a second car of a member will have a better right than the third car of another member and so on.

You apply to your Society for a copy of the approved bye-laws. They are bound to give you on payment of the prescribed fee.

In case of any difficulty you apply to the Dy Registrar of your ward for a copy of the registered bye-laws through RTI.

After you get your copy of the bye-laws, if the parking policy of your Society is not in accordance with the bye-laws, you complain to the same Dy Registrar. If your grievances are not still redressed post your message here and I shall suggest what to do.

In matters of law do not follow hearsay, if even it is from a reputed advocate. If someone quotes a Supreme Court judgment, get the judgment and see and satisfy for yourself. Owning and transferring immovable property or rights over it, is a fundamental right. If there is a bar on it, even Supreme Court has to give valid reasons.

Adi (Self)     01 March 2014

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]

@ Suneet Gupta

Can you please give me the link to the Supreme Court judgment referred to by you. I would like to see the judgment.

@ Adi

"If stilt parking is not allowed to be sold by builder or society" any sale made is automatically null and void. If the sale is null and void it gets merged with other common areas of the Society and the Society can allot it according to the bye-law, which I have already sent to you. If you want to park your second car there are provisions in the bye-laws which I have sent to you. You will have to logically extend the bye-laws if members are having more than two cars. In other wards a second car of a member will have a better right than the third car of another member and so on.

You apply to your Society for a copy of the approved bye-laws. They are bound to give you on payment of the prescribed fee.

In case of any difficulty you apply to the Dy Registrar of your ward for a copy of the registered bye-laws through RTI.

After you get your copy of the bye-laws, if the parking policy of your Society is not in accordance with the bye-laws, you complain to the same Dy Registrar. If your grievances are not still redressed post your message here and I shall suggest what to do.

In matters of law do not follow hearsay, if even it is from a reputed advocate. If someone quotes a Supreme Court judgment, get the judgment and see and satisfy for yourself. Owning and transferring immovable property or rights over it, is a fundamental right. If there is a bar on it, even Supreme Court has to give valid reasons.

@Dr MPS RAMANI

Are you sure court order is valid since our society was registered in 2003 and owners have the agreement in writing for sale of parkings by the builder. Can you please attach the court order and complete by-law that you mentioned because I am thinking of writing a letter to the society and attaching these supporting documents along. Thanks a ton!

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 March 2014

But where is the court order in the first place. Everyone is talking about it, but no one is producing it here.

Suneet Gupta (www.vashiadvocates.com)     02 March 2014

@Dr Ramani - The case is Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. [AIR 2010 SC 3607]. Please refer to it.

@Adi - The order was given in 2010, while your society is registered in 2003. As per the earlier practice, the builders used to sell parking separately and the same used to be part of the registered agreement to sell. The situation going ahead is clear - all parking is part of the common area and has to be divided equally by the Society. However, whether the SC order will apply retrospectively to your case is a question that can be answered only in a subsequent court judgement. Till then you can try to pressurize the Society by citing the above judgement, and asking them to distribute the parking space equally.

Adi (Self)     03 March 2014

@Suneet - Would it be possible for you to attach a copy of that jusdgement please? Since nobody here has it.

Adi (Self)     04 March 2014

Managed to get a copy of judgement from supreme court website. However can anyone suggest what page do I need to attach in my draft to the society. 


Attached File : 741583140 sc order parking sale.pdf downloaded: 71 times

Suneet Gupta (www.vashiadvocates.com)     04 March 2014

You can attach either the last page if you want to be concise, or attach pages 29 to 45 if you want to be comprehensive. The last page of the judgement clearly states that parking is not saleable by the builder. Pages 29 to 45 state the detailed reasons for the judgement.

Adi (Self)     05 March 2014

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]

@ Suneet Gupta

Can you please give me the link to the Supreme Court judgment referred to by you. I would like to see the judgment.

@ Adi

"If stilt parking is not allowed to be sold by builder or society" any sale made is automatically null and void. If the sale is null and void it gets merged with other common areas of the Society and the Society can allot it according to the bye-law, which I have already sent to you. If you want to park your second car there are provisions in the bye-laws which I have sent to you. You will have to logically extend the bye-laws if members are having more than two cars. In other wards a second car of a member will have a better right than the third car of another member and so on.

You apply to your Society for a copy of the approved bye-laws. They are bound to give you on payment of the prescribed fee.

In case of any difficulty you apply to the Dy Registrar of your ward for a copy of the registered bye-laws through RTI.

After you get your copy of the bye-laws, if the parking policy of your Society is not in accordance with the bye-laws, you complain to the same Dy Registrar. If your grievances are not still redressed post your message here and I shall suggest what to do.

In matters of law do not follow hearsay, if even it is from a reputed advocate. If someone quotes a Supreme Court judgment, get the judgment and see and satisfy for yourself. Owning and transferring immovable property or rights over it, is a fundamental right. If there is a bar on it, even Supreme Court has to give valid reasons.

Can you please attach the page where these preferences are written. Thanks!

Adi (Self)     05 March 2014

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]

@ Suneet Gupta

Can you please give me the link to the Supreme Court judgment referred to by you. I would like to see the judgment.

@ Adi

"If stilt parking is not allowed to be sold by builder or society" any sale made is automatically null and void. If the sale is null and void it gets merged with other common areas of the Society and the Society can allot it according to the bye-law, which I have already sent to you. If you want to park your second car there are provisions in the bye-laws which I have sent to you. You will have to logically extend the bye-laws if members are having more than two cars. In other wards a second car of a member will have a better right than the third car of another member and so on.

You apply to your Society for a copy of the approved bye-laws. They are bound to give you on payment of the prescribed fee.

In case of any difficulty you apply to the Dy Registrar of your ward for a copy of the registered bye-laws through RTI.

After you get your copy of the bye-laws, if the parking policy of your Society is not in accordance with the bye-laws, you complain to the same Dy Registrar. If your grievances are not still redressed post your message here and I shall suggest what to do.

In matters of law do not follow hearsay, if even it is from a reputed advocate. If someone quotes a Supreme Court judgment, get the judgment and see and satisfy for yourself. Owning and transferring immovable property or rights over it, is a fundamental right. If there is a bar on it, even Supreme Court has to give valid reasons.

Can you please attach the page where these preferences are written. Thanks!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query