A recent Maharashtra Co-operative Appellate Court ruling has established that parking rights in co-operative housing societies do not automatically transfer with flat ownership. According to reports from Business Standard, the court held that parking allotment cannot automatically transfer to new buyers when a flat is sold, even if the previous owner had been allotted a parking space by the society years earlier. The judgment emphasizes that while ownership of a flat can be transferred through a registered sale deed, parking rights in many housing societies are governed separately by society by-laws. On July 10, 2026, the court ruled in the housing society's favour, stating that the predecessor in title has no right to sell or transfer the parking slot allotted to them by the society to present disputants, and present disputants cannot claim any right over the parking slot allotted by the society to their predecessor in title.
The case involved a couple who purchased a flat in a Mumbai co-operative housing society from the original owner. As reported by Business Standard, the previous owner had been allotted a parking space by the society years earlier, but the new owners failed to apply to the housing society for a fresh parking allotment in their own names as required under the society's by-laws. The dispute arose when a neighbour parked a second vehicle in that space and refused to move it. The buyers approached the courts seeking exclusive rights over the parking slot, but the appellate court ruled against them, stating they could not claim exclusive rights over that particular parking space since they had never obtained a fresh allotment from the society. 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, after which he continued to use that spot for his car. The society was informed about the situation but chose not to act, forcing the Dholakias to park their car in a less convenient location.
The ruling was based on model by-laws governing co-operative housing societies in Maharashtra, as reported by Business Standard. According to the by-laws, parking allotment is made by the society's managing committee, members cannot independently sell or transfer a parking space allotted by the society, and a new flat owner must apply separately to the society for parking after becoming a member. Byelaw No.63 governs the procedure for disposal of applications, which must be followed by the secretary and committee of the society. Legal experts emphasize that parking is generally a user right rather than ownership right, and societies can adopt fair methods such as lotteries or rotational allotments, provided these are implemented uniformly. The court observed that it appears Dholakia never made such an application to the secretary of the society for getting the parking slot to their flat, making it impossible for them to claim any right over the parking slot of their predecessor in title.
Legal experts stress the importance of due diligence for homebuyers regarding parking arrangements. According to Business Standard reports, experts recommend obtaining written confirmation from the housing society on parking availability and allotment status before finalizing the purchase. Buyers should read society parking policies and by-laws to understand how parking is allotment, submit fresh parking applications immediately after becoming society members, and carefully examine sale agreements to distinguish between enclosed garages and open parking spaces. Experts advise cross-checking seller claims with official society records and resolving disputes through the society's managing committee before initiating legal proceedings. The court made it clear that Dholakias can now file an application to the society to request a parking space, though they cannot claim exclusive rights over a predecessor's allotted slot without proper procedure.
