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mumbai housing society car park sale


Can a housing society in Mumbai sell a car park to a society member and what are the rules? The car park is in the name of the society and not with any member.
 
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ha21@rediffmail.com Mumbai : 9820174108

1.  Open /Stilt /Podium /Basement Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased.  Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).

2, HOWEVER, Parking spaces (enclosed Garages) which have consumed FSI under the DC Rules, MRTP & BMC laws, CAN BE LEGALLY Sold or Purchased or Registered or Leased.

3.  As per model bye-laws, Parking should be allotted to members, using yearly "rotation policy". You can put the CHS on legal notice to allot you parking, irrespective the fact that the linked Flat had not purchased /allotted parking from builder /whosoever.

4. IF Society fails to allot you parking THEN file grievance petition, before the local Consumer Court. There are several orders to this affect, in favor of the CHS member.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


Total likes : 1 times

 
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Hello,

Society cannot sell car parking to anyone. Society can only charge monthly nominal amount for using space for car parking. Car parking is a common space which cannot be sold to anyone. 

 
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Lawyer

Legally parking can not be sold.

 
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