Maharashtra court ruling in Santacruz parking dispute says flat buyers cannot automatically claim seller's parking space

Representation pic/istock

A flat buyer cannot automatically claim the parking space used by the previous owner; the Maharashtra State Co-operative Appellate Court has ruled in an interim order that could influence parking disputes in cooperative housing societies across the state.

The court held that parking spaces belong to the housing society and must be allotted in accordance with its bye-laws. Even if a seller had been using a particular parking slot for years, the allotment does not pass on with the sale of the flat.

The order came while dismissing an appeal filed by a couple from Shree Mahavir Cooperative Housing Society in Santacruz West, who challenged the denial of interim relief in a parking dispute.

The couple told the court that

>> They bought Flat No. 402 in December 2007.
>> They became society members in July 2008.
>> The previous owner had been allotted a parking space in 2002.
>> They continued using the same slot for nearly 14 years.
>> In October 2021, another member allegedly started parking a second vehicle in the space.
>> Their complaints to the society yielded no solution.
>> After the Mumbai Co-operative Court rejected their plea for interim relief in January 2026, they approached the appellate court.

What the court held

>> Parking spaces belong to the cooperative housing society.
>> Members have no ownership rights over individual parking slots.
>> Parking allotments cannot be sold or transferred along with a flat.
>> A purchaser must obtain a fresh allotment from the society.
>> The court found that the appellants had failed to show they had ever applied for a fresh parking allotment after purchasing the flat.
>> It also noted there was no managing committee resolution allotting the disputed parking space in their favour.

Why interim relief was denied

The court cited three reasons
No prima facie right. The couple relied only on the previous owner's allotment.

Nearly two-year delay
The alleged encroachment took place on October 23, 2021, but the dispute was filed only in November 2023.

The court observed that
"Delay defeats equity." Interim order would decide the case. The court said restoring possession at this stage would effectively grant the final relief before the trial was completed.

Voice of the appellants

Milind Prabhune, Advocate
"The dispute regarding the parking space has not yet been decided conclusively. This is an interim order and not the final verdict in the matter." He said the society currently has 22 parking spaces for 18 members and alleged that some members enjoy more than one parking slot while his clients have been left without a dedicated space. "Since the matter is pending before the designated court, no specific relief can be granted in favour of any party at this interim stage." Prabhune said the couple will challenge the appellate court's order before the Bombay High Court.

Expert speak

CA Ramesh Prabhu, Founder chairman, Maharashtra Societies Welfare Association (MahaSEWA)
"This order will not affect newly constructed RERA projects because covered parking can be allotted by the promoter under RERA and mentioned in the agreement. However, it may have implications for older cooperative housing societies."

Quick view

Society profile
Formed: 2000
Residential flats: 18
Parking spaces: 20

10 stilt 10 open
(According to the appellants, the society currently has 22 parking spaces.)