Who Is Owner Of Parking | Vkeel - Free Legal Advice

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THANE

We have recently formed co-operative housing society. Building is located in Thane region of Maharashtra state. a. Who is owner of stilt parking of society. b. After society formation allotment of parking space if any by builder stands to cancel and only society has rights to create parking policy as per byelaws … is this correct? c. Builder says that he sold parking space (to landlords) but no one knows about paper work. No agreements copies. How to proceed in such case. d. Existing 5 slots of parking are actually stilt parking, but builder claim is that he has 32 podium parking spaces with him

Expert's Answers(1)

Advocate Rahul Sachdeva
Chandigarh, Chandigarh

Dear Sir, Regarding your queries: 1. Ownership of Stilt Parking: Stilt parking is part of the society's common areas and cannot be sold by the builder. The society has the right to allocate it as per byelaws. 2. Validity of Builder’s Parking Allotment Post-Society Formation: Once the society is formed, any parking allotment by the builder stands canceled. The society has exclusive rights to create a parking policy. 3. Builder’s Claim of Selling Parking to Landlords: If no documentary proof exists, such sales are not legally valid. The society can demand proof, take control of the spaces, and seek legal action if needed. 4. Stilt vs. Podium Parking Dispute: Verify the sanctioned building plans with the municipal authority. If the builder's claim of 32 podium parking spaces is false, legal action can be initiated under RERA and consumer laws. Let me know if you need further assistance. Best regards, Adv Rahul Sachdeva

March 11, 2025