Why homebuyer lost parking space given by seller
Before you continue reading How financially free are you? Most people overestimate their financial freedom. Discover your Financial Freedom score through a quick survey Calculate
Before you continue reading How financially free are you? Most people overestimate their financial freedom. Discover your Financial Freedom score through a quick survey Calculate My Score Brief about what happened Maharashtra Co-Operate Appellate Court order Mr Kalra had no right to transfer his allotted parking to Dholakia as per Byelaw no. 78(b) Byelaw no. 82 says if a homebuyer needs parking application needs to be made Dholakias can't question their neighbour's forceful parking When Mr and Mrs Dholakia bought an apartment in a housing society in Santacruz (West), Mumbai, from its original owner Mr Kalra, they parked their car in the parking spot allotted to the original owner (Mr Kalra). However, they had no idea that the housing society had a byelaw stating that the parking spots could only be claimed by making an application to the chairman, which applied to subsequent flat owners as well.This byelaw meant that if the Dholakias wanted to use the parking space allotted to the previous owner (Mr Kalra), they needed to write to the chairman of the housing society and request it. However, they didn't do that.As a result, one day, Dholakia's neighbour parked his second car in their spot, blocking their access to the parking space. When the Dholakias requested him to remove his car as it was blocking their access, the neighbour refused. So the Dholakias filed a court case. However, on July 10, 2026, the Dholakias lost the case in court. As a result, the neighbour got to park his second car in that spot and the Dholakias got no relief.The court held that a parking allotment made by a housing society to the original owner does not automatically transfer to the new owner of the flat.
Since the Dholakias had not secured a fresh allotment of parking space from the society, they could not claim an exclusive right over that particular slot at that time. However, the court clarified that Dholakias can now file an application to the society to request a parking space.Read on to learn more about this case and the reason behind the Dholakias' loss. This can help you with your own parking issue in a similar situation.The housing society in Mumbai was formed in 2000 and Mr Kalra was one of the original members and was the owner of flat no. 402. He had been allotted a parking space by the society. Though this housing society building initially had only seven floors, later two more floors were built. According to the sanctioned plan, this society has 20 car parking spaces of which 10 are in stilt and the remaining are open car parking spaces.In 2007, Mr Kalra sold his flat to the Dholakias by signing a registered sale deed dated December 26, 2007. Mr Kalra had purchased this flat directly from the builder, but the parking space was allotted to him by the society after he applied for it.By a resolution dated March 24, 2002, the managing committee of the society had allotted a car parking slot for Flat No.402 to Mr Kalra. However, when the Dholakias purchased this flat, they did not inform the society about needing this parking space or for that matter any particular parking space and continued to use Mr Kalra's allotted parking slot to park their car.This has created the present parking problem. On October 23, 2021, the parking problem escalated to a dispute when Dholakias' neighbour forcibly and deliberately parked his second car in the parking space.
The BriefWire