New Flat Owners Cannot Automatically Claim Existing Parking Slots, Maharashtra Court Rules

Buying a flat in a cooperative housing society does not automatically give a new owner rights over facilities that were allotted to the previous owner. The Maharashtra State Co-operative Appellate Court has ruled in an interim order that a buyer cannot claim a parking space merely because the earlier flat owner had been allotted and used that slot.

The appellate court clarified that individual members do not get ownership rights over parking slots, as such spaces are controlled by the housing society.

How the parking dispute began

The ruling came in a dispute involving a couple from Shree Mahavir Cooperative Housing Society in Santacruz West, according to a Mid-day report. The couple purchased Flat No. 402 in December 2007 and became society members in July 2008. The disputed parking space had been allotted to the previous owner in 2002, and the couple continued using the same slot for several years.

This dispute started in 2021 when it was reported that another member of the society started parking a second car in the same space. With no resolution from society despite repeated complaints, the couple moved the Mumbai Co-operative Court seeking interim relief. Following the rejection of their plea in January 2026, they moved to the appellate court.

Why the Couple’s Plea Was Rejected

The appellate court noted that the couple failed to show that the parking slot had been freshly allotted to them after purchasing the flat. It also observed that there was no managing committee resolution confirming the allotment in their favour.

The court further considered the delay in seeking relief and observed that restoring possession of the parking space at the interim stage could effectively amount to granting final relief before the dispute is fully decided.

As quoted in the report, Advocate Milind Prabhune, who represented the appellants, said that the order was only an interim decision and that the parking dispute had not been conclusively decided. He said the society has 22 parking spaces for 18 members and alleged that some members have more than one parking slot, while his clients have been left without a dedicated space. He added that the couple may challenge the appellate court’s order before the Bombay High Court.