Buying a Flat Doesn’t Mean You Own the Previous Owner’s Parking Space: Court
Buying a Flat Doesn't Mean You Own the Previous Owner's Parking Space: Court
In a significant ruling, the Maharashtra State Co-operative Appellate Court has held that buyers of flats cannot automatically claim the parking space used by the previous owner. The court clarified that parking spaces belong to the cooperative housing society and must be allotted as per the society’s rules.
The ruling came in a dispute involving a couple residing in Shree Mahavir Cooperative Housing Society in Santacruz West, Mumbai. The couple had been using the same parking space since purchasing their flat in 2007, claiming it had been allotted to the previous owner.
The dispute surfaced in October 2021 when another resident allegedly started using the same parking space. After failing to resolve the issue with the housing society, the couple approached the cooperative court seeking interim relief. Their request was rejected, prompting them to file an appeal.
The Maharashtra State Co-operative Appellate Court upheld the earlier order, stating that a parking space does not automatically transfer to a new flat owner upon the sale of the property. Instead, the new owner must apply to the housing society for a fresh parking allotment in accordance with its rules.
The court also observed that the couple failed to produce any managing committee resolution proving the parking space had been officially allotted to them. It further noted that they had never submitted an application for a fresh parking allocation after purchasing the flat.
Another factor considered by the court was the delay in approaching the judiciary. While the parking dispute began in October 2021, the couple filed the case only in November 2023.
The couple’s lawyer maintained that the order is only an interim ruling and not the final verdict. He also argued that the society has sufficient parking spaces for all members and said his clients intend to challenge the decision before the Bombay High Court.
The ruling is expected to have wider implications for older cooperative housing societies across Maharashtra, where parking disputes are common. However, legal experts believe it is unlikely to affect newer RERA-registered housing projects, where parking spaces are separately allotted through registered agreements.
