LawRato

Clarification on restrictions with regard to parking rights in society


26-Feb-2023 (In Civil Law)
In Mumbai can CHS Management Commitee restrict the residential son(only he resides there) for parking vehicle if the membership is still on the name of expired father. Just to give overall idea of the situation..There was no filled nomination during death of father (no nominee was identified) and hence membership of father is not been carried to any sons out of seven. There are total 7 sons and due to internal conflicts between sons the nominee is still not identified and still the maintaince bill is issued on Fathers name(who is expired). So in this case, can the society restrict the son for parking who still lives in that flat
Answers (3)

Answer #1
942 votes
Car parking passes on with the flat. At the time of purchase of flat, the father may have purchased the flat with the car park. Or the car park may have been subsequently allotted to him with the flat. So in any case, no. The society cannot prevent the son ordinarily residing in the flat from parking his car.
Answer #2
544 votes
Being a son of deceased you have right to park your vehicle. they cant restrict you. if they restrict you can file complaint against them under section 339 of IPC.
if will is not there you can apply for heir ship certificate for that property to produce in the society office.
Answer #3
690 votes
Dear Client,
The society cannot stop the son who is residing in the flat from using the parking if the said parking has been allotted to the father along with the flat, even if the parking is common even then the son cannot be denied parking as he is staying in the flat.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."