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sameer (owner)     09 May 2022

Parking space alloted in different building/tower

Hello experts,
One question:
I am in process of purchasing a flat in Pune which has two reserved car parks. Builder is not selling parking separately and it's part of the agreement clause. Agreement to sale is yet to be done. Builder showed me parking allotment plan and asked me to choose parking from the remaining options.
All options for two covered car parks are under another building (Tower B) and my flat is in tower D.
For each tower/building there will be different individual conveyance deeds and different societies in future.
How safe is to opt for a parking in another tower ?
As far as I know builder's parking allotment can be overridden by society going forward. If I am not a member of society for Tower B then will I be legally allowed to use the parking space.


Quick Summary
A Pune flat buyer is concerned about their reserved car parking spaces being located in a different building (Tower B) than their flat (Tower D). They are seeking advice on the legality and long-term security of this arrangement, especially as future societies for each tower may have separate management. Experts advise caution, noting that societies ultimately control parking allotments and that the builder may not have the legal right to assign parking in another tower's designated area.

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 May 2022

Hello,

Society has final right to allot parking in society premises. So even if you purchase the parking there is no guarantee that you will be able to retain it. Builder is playing some tricks while parking allotment. It is risky to get the parking allotment in other building. Insist builder to give parking in your building / wing. 

1 Like

Kishor Mehta (CEO)     09 May 2022

If you are not a member of a CHS you do not have any right whatsoever to be allotted a car parking even by the society. The builder has no legal right to allot open or stilt car parking in a society, the allotment of car parking rights is vested in the society immediately on its registration.

1 Like

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