Shalabh Jain (SM) 17 August 2021

Sell only covered parking of flat in co-op hous. soc., pune

Hello sir,

I have a flat in a co-op housing soc. in Pune (Maharastra). I have two covered car parking. I wish to sell one of the two parkings. Can I sell only parking? Is it not illegal to sell ONLY parking? I loosely learned that the Supreme court disallows it. Flat and its parking cannot be broken. If it is true, what is the other way to sell it? Pl. help.

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Quick Summary

This discussion addresses the legality of selling a covered car parking space independently from a flat in a Pune co-operative housing society. The consensus is that selling parking separately is generally not permissible, as parking spaces are considered common areas and are legally tied to the flat. While informal sales might occur, they carry significant risk. The Supreme Court's stance is that flats and their associated parking cannot be separated for sale. Consulting the housing society is also advised before considering any transaction.

4 Replies

Dr J C Vashista (Advocate) 18 August 2021

Parking can not be sold (legally). Hon'ble Supreme Court has categorically laid down law on the subject.

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G.L.N. Prasad (Retired employee.) 18 August 2021

Legally you can not execute any valid sale deed. If someone is ready to prepare to purchase it without any documents dispose of it off and it is the purchaser's risk. Several transactions take place on oral understanding. But it is your society that has to be consulted before entering into such an illegal transaction.

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Shalabh Jain (SM) 18 August 2021

Thank you sir.