Parking Not Allowed By Society | Vkeel - Free Legal Advice

Arvind Pareek

Mumbai

Last year we have purchased a flat in Mumbai (Mira road) from the 2nd owner of the flat, so now we are 3rd owner of the flat. Along with this flat, there is an open stilt parking space and we have the parking allotment mention in our flat agreement. the same which we have shown to the society. but the society came up saying that there is no stilt parking with this flat hence you cannot occupy the still parking, as it belongs to society. whereas we also have MBMC (Mira-Bhayander Mahanagar Palika) tax-paying receipt from the last owner though it was not paid for the last 1.5 years also, I have visited in MBMC office and as per there record, they have seized the property (Parking). but they are ready to unsized if they pay all the remaining property tax. Please advise how do we deal with this?

Expert's Answers(5)

Advocate Abhimanyu Gurawalia
Patli Hajipur, Haryana

60 Client Ratings

when parking space in mentioned in agreement then you have right on same who will pay the balance of parking charges it depends on the terms of agreement what condition is there

May 13, 2020
Advocate Anil Kumar Rungta
New Delhi, Delhi

1 Client Ratings

If the chain documents starting from original allottee till your vendor have the mention of car parking space, because it is charged separately by the societies, then you can have a legal claim over the car parking and you have also to clear the dues of municipal corporation.

April 25, 2020
Advocate G Santhosh
Coimbatore, Tamil Nadu

2 Client Ratings

definatelh you can get your space contact me

April 25, 2020
Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Dear Sir, Supreme Court says that selling of apartment without a provision for parking is incomplete. You can try. Please give me Rank 5 and Review my Resume and Follow Me and talk to me by taking PAID phone consultation

April 25, 2020
Advocate Srinivas G D
Bengaluru, Karnataka

19 Client Ratings

Mr. Arvind , you should have taken Legal Opinion before Purchasing the property. Now get yours as well as your previous owners sale Deed checked , if there is recital of Car Parking allotted or permitted by the Builder then you can approach court for relief . Otherwise if Society or Association decided that Parking is not allowed , then have to provide you alternative parking. Contact any Advocate practicing in Real Estate Laws for your relief.

April 25, 2020