Almost a month ago, my uncle asked me, can society cancel parking allotted by builder. In general, a parking place assigned by the builder cannot be canceled by a housing society. But, the society can cancel parking allotments made by the builder once the society is formed.
Can Society Revoke Parking Allotted by Builder?
Courts and legal experts consistently affirm that parking areas whether stilt, open, or covered are considered common areas belonging to the society, not individual property, unless explicitly detailed in the registered sale agreement. This means that builder-issued allotment letters, lacking contractual strength, can be revoked.
Once the society assumes control, it can reallocate parking slots through a fair process, typically by draw of lots, as prescribed by the society’s bye-laws.
Even if a buyer paid the builder for parking, the claim is weak unless it’s incorporated in the sale deed or a supplementary registered agreement.
In absence of such documentation, the society has the legal right to cancel the builder’s allotment and reassign parking space following its internal rules.
However, members who paid for such allotments may still pursue legal remedies like seeking refunds or filing suits against the builder since the builder cannot legally sell common areas.
You should ensure about the
parking management system
in the registered agreement or get a supplementary deed to protect their rights. I hope you found this helpful.
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Can Society Cancel Parking Allotted by Builder?
ruchi3
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3 months
2025-08-19T16:42:34+00:00 2025-08-19T16:42:36+00:00Comment
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