Stilt parking can be sold but then the builder needs to make sure that the person who does not own parking should also have common space to park the vehicle without crowd problem.

Open-to-sky” areas or “stilted” (covered) portions of their flat complexes, usable as parking spaces, cannot be sold separately by flat builders/promoters/developers as “garage”. These spaces are part of the “common areas” in flat complexes and not “saleable independently as a flat or along with a flat.

citation of the judgement for your future help. It is 2010(9) SCC536

Co-operative society can and should frame parking rules. Normally co-operative society should ask for the details of the vehicles to be parked including a certified copy of the RC book should be insisted upon from the member while submitting the application for parking slot After receipt of the above said paper/ documents the society should allot a parking slot. The society may even allot a sticker and/or may even instruct the member that without the parking sticker the vehicle shall not be allowed to be parked in the society compound..

Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the committee on the basis of ‘first come first served’, for unsold and available parking spaces. However, in case of Parking Space/ stilt allotted by the society, the member shall have no right to sell or transfer the said allotted parking space/ stilt to anybody..

Society should file Criminal complaint against such Builder.

SC has held that stilt car parking slots form part of common area for benefit of all members

2) it cannot be sold by builder

3) if number of slots are less and members more then allotment of parking slots should be by drawing of lots

4) if society refuses to take action file complaint before consumer forum seek orders to direct society to allot car parking slots by drawing of lots

The car parking is a part of the society's common area which cannot be sold. The developer has no right to charge for this space. In 2010, the Supreme Court had held that developers had no right to sell parking to apartment-owners, including stilt parking or garages.

1) You can send them notice along with this Supreme court judgement and complaints in RERA plus Co-operative Housing Society Registrar.

Sir slit area forms part of the common area and it cannot be sold the society can allot such parking spaces and can be used for all the member so in that event raise issue before the society in case.society is not ready to take up issue file a.consumer complaint against the society.

Hi,

As per RERA, the open parking space can't be sold or allotted. You may proceed accordingly, by complaining agaisnt the responsible person.

1. Stilt parking space is indeed a common place for which the developer can not charge any for the same.

2. So each and every flat owner has right of parking his vehicle in the stilt parking space on first come fist serve basis.

3. now if he has sold the stilt parking space you can challenge this action in the consumer forum.

As per supreme court judgment on parking space the parking space cannot be sold, it becomes a part of the common area of the flats/apartment under the administration of the registered association.

stilt parking space' is not covered by the term `garage' much less a `flat' and it is part of common areas. The court said that stilt parking space/s being part of common areas, the only right that the promoter has is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither a `flat' nor a `garage' within the meaning of under Section 2(a-1) of MOFA, cannot be sold separately. The promoter has no right to sell any portion of such building which is not ‘flat’ and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.

The so called land owners covering their stilt parking space may not be a legally recognised act.

This can be challenged in the general meeting of the association.

If no solution is arrived on it in the meeting, then the affected individual can seek their rights in the common space.

Proper legal action also can be initiated for establishing their rights.

File application before cooperative court against builder , land owner seek orders to set aside sale of parking slots and to direct society to allot car parking slots by drawing of lots

The 2010 Supreme Court ruling, according to which flat buyers need not pay extra money to buy parking spaces, both open and closed, from property developers. The judgement, delivered by Justices RM Lodha and AK Patnaik, rejected real estate development company Nahalchand Laloochand’s argument that they were entitled to sell garages/stilt parking areas as separate flats to owners who wanted to use it as a parking.

According to the ruling, “If a promoter does not fully disclose the common areas and facilities, he does so at his own peril. Stilt parking spaces will not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the agreement with the flat purchaser. The promoter has no right to sell any portion of the building which is not a flat.”

As per law, though a developer cannot sell the car park to a person who purchases a flat from him, he can “allot the same on a first come, first served basis without charging any money from him”. According to him, the housing society has to then take the responsibility for reshuffling the parking spaces to other members at periodic intervals. “The allotted space means that the member has the right only to park his vehicle. He is not the owner of the space and cannot sell it to others at a premium,”

Far from accepting the ruling and living by the book, developers in most cities are actually charging flat owners twice for the same parking space. “In most of the top metro cities, where transactions generally take into account the super built-up area (total area of land where the project is spread divided by the total number of flats), the parking area is also divided and added to it.

If developers are restricted from selling slots directly, they find ways to apportion the cost, say, by increasing the charge for the super built-up area or by raising the overall per square foot rate. In other words, property buyers will continue to pay for parking either directly or indirectly.”

However you may decide based on the information furnished to yo ion the subject as per the prevailing circumstances at your end.

Sir kindly check the joint developer agreement and hand over agreement of society and your agreement with builder your will find the area as the common area based on that file a complaint against society before the registrar and.can file a suit to set aside such sale.

Hi,

You may file multiple cases against the persons involved.