Thursday, July 23, 2026
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2026CooperativeHousing SocietyLegal

Parking Rights – No Automatic Transfer with Flat Ownership of New Member

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Judgment dated 10.7.2026 of the Maharashtra State Cooperative Appellate Court, Mumbai, in Appeal No.5 of 2026 of Mr.Harshad Dholakia and another   Vs.  Shree Mahavir Cooperative Housing Society and others

The original Member Ramesh had purchased the flat no.402 from the builder.

The respondent no.1 was formed in 2000. At that time, the society had 7 floors in the building.   The society allotted car parking for flat no.402 vide resolution dated 24.3.2002.

In 2017, the disputants had purchased flat no.402 and had come in possession of the allotted car parking.

On 23.10.2021, the opponent no.2 had forcibly parked their second car in the parking of the disputants.

The opponent no.2 had purchased the flat on 8th and 9th floors constructed subsequently by the society using TDR.

The disputants filed dispute in 2023 and also prayed for temporary injunction.

the disputants never made such an application to the secretary of the society for getting the parking slot to their flat. In absence of a specific procedure followed by the disputants for getting a parking for their flat, they cannot claim any right, interest over the parking slot of their predecessor in title. If they want to claim the parking slot of their predecessor in title, they should have filed an application with the secretary of society for getting the said parking slot. Admittedly, there is no resolution passed by the society granting a specific parking slot to disputants for their Flat No.402. The disputants cannot claim a specific parking slot to their Flat No.402. As such, prima-facie case and balance of convenience does not lie in their favour.

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