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Clarification on allotment of car parking space by society


08-May-2023 (In Property Law)
I have purchased a open parking for car from builder before formation of society like other flat owners / society members. I am not living there as I have alternate accommodation arrangement. Till date the deemed conveyance of building is not done by builder. Only daily services are handed over to society. The society has approved all open car parking in AGM except mine without giving any valid reason. Even though after a lot of correspondence, they have not approving my car parking lot. What action shall I take to get the approval from society to my open car parking? Should I go to cooperative court / consumer forum / registrar?
Answers (2)

Answer #1
730 votes
You have not stated when you have purchased the open car parking space. By its judgement passed in the year 2010, the Hon'b;e Supreme Court has held that the Builder cannot sell the open car parking space and all the car parking spaces including stilt parking space belong to the society and as such the Society is entitled to allot the car parking space either on first come first served basis or by draw of lots.

Answer #2
894 votes
You have to show me all correspondence done to the society for car parking and then i can advice you to approach registrar. You can contact me.
You have to show me all correspondence done to the society for car parking and then i can advice you to approach registrar. You can contact me.

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