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Thread: open parking space in society

  1. #1

    open parking space in society


    I purchased a flat in a complex in mumbai and the builder is asking money for open parking space. I have not yet purchased it but have been pondering over it. My dilemma is, I have read at many places, that open parking space cannot be sold, it is an amenity of the society and each flat owner has a right to the open parking space by paying a fixed amount every month as rent towards it. Now, our society is not yet formed, and the builder has sold many such open parking spaces. Should I be purchasing it? Or can I challenge the sale of open parking space by the builder?

  2. Re: open parking space in society

    Dear Iyer,

    This forum is exclusively for discussions related to RTI Act, 2005 only.

    By the way I have been closely following this subject so please find attached article that appeared in the Times of India and recent High Court judgment on the subject.

    This matter is right now pending in the Supreme Court and the final hearing is tentatively scheduled in the month of June.

    Also please note that in future for seeking general information or other assistance please visit our sister website
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    "If you think in terms of a year, plant a seed; if in terms of ten years, plant trees; if in terms of 100 years, teach the people." -- Confucius

  3. #3

    Open Parking space sold by builder

    Our Registered CHS (in Malad) adopted Modern Bye law.
    According to which Open Parking place canít be sold by builder.
    But as our builder has sold open Parking place to some of members (no doubt with consideration though receipt may or may not be issued) & allotment letter is given stating specific place.
    Now what is status of such allotment ?????????
    1. All allotment is null & void
    2. Only member who got payment receipt have right & others have to forgo right
    3. As builder allotted the place, the status quo remains
    4. If any member who sell flat, than new incoming member can have same right to same parking place

  4. Re: open parking space in society

    Dear Dinesh

    Please see post # 2


  5. sale of open parking spaces by builders when the society is not yet formed.

    Sale of Open Parking Spaces when society is not formed


    I need some information regarding sale of open parking spaces by builders when the society is not yet formed.

    In our building parking lots (stilt & open) are almost less than that actually needed.
    The builder is selling the Stilt parking lots for over Rs 1.5 lakhs each and open parking lots for around Rs 1 lakhs each.

    I have come across many articles in newspapers that the Bombay High Court has passed an order against sale of open parking lots. But its not clear whether its applicable, if the society is not yet formed and OC is not yet issued .

    If so how is this builder selling? There are a few members who have already purchased open parking lots; that too even 3 lots by some. (which was supposed to be free when we bought the flat) with out informing others.

    Will the builder get into a agreement into sale of these open parking lots?
    If so then if all the parking lots are purchased where are the people without parking lots, park their vehicles ?


  6. Re: open parking space in society

    Dear Member

    Please see post # 2


  7. #7

    Property Tax for the stilt area of the building


    We have many stilts in our building. I don't own any stilt in our building. Since, there were some unused stilts available in the building, I was given one stilt on rental basis of Rs.200 per month. This trend of paying 200 Rs per month is going since the past 6 years.

    Recently i noticed that there is a "Property tax for stilt parking area of the building" that's being charged to me everymonth; at the rate of Rs. 125 per month.

    I don't know who owns the stilt; whether its any member or the society owns that.

    Kindly advice, whether I am suppose to pay property tax for the stilt; and if not, then who should be paying.

    Amit Kukian | Cell: +91 9867 xx xxxx
    Last edited by DineshK; 05-08-10 at 07:13 AM. Reason: Posting of mobile number not permitted.

  8. #8

    Re: open parking space in society

    The Supreme Court has recently confirmed the decision of the Bombay High Court.
    No one can sell the open and stilt car parking spaces - niether the Society nor the
    Any sale of open and stilt car parking spaces made by the builder, even if it is in writing and registered,
    is illegal and void.

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