Flat Sale Doesn't Grant Parking Rights Automatically

A recent ruling by the Maharashtra Co-operative Appellate Court has established that parking rights in housing societies are not automatically transferred with a flat sale. The court emphasized that parking is governed by society by-laws, not just the sale deed.

In a specific case, a couple who bought a flat in Mumbai did not reapply for parking allotment in their name. Consequently, they lost their claim to the parking space. Legal experts stress that buyers must verify parking arrangements with the society before purchasing.

Model by-laws in Maharashtra require new flat owners to apply separately for parking allotment after becoming society members. The court's decision reinforces that parking is typically a user right, not an ownership right, and requires adherence to society-specific procedures.