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ARTICLE · 26 JUNE 2023

Parking Spaces: The Conundrum

Mansukhlal Hiralal & Company
Mansukhlal Hiralal & Company
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Mansukhlal Hiralal & Company

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Disputes over parking space allotments are certainly not unknown nor are they uncommon.

IndiaReal Estate and Construction
Purvi Asher
Purvi Asher
Veena Hari
Veena Hari
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Disputes over parking space allotments are certainly not unknown nor are they uncommon. Lack of space, along with lack of clarity in law are the leading causes of these disputes, especially in cities like Mumbai, Maharashtra. This article is part 1 of our quest to explore the evolution of control and allotment of parking spaces and the current situation with regards to the same.

Up until the application of Real Estate (Regulation and Development) Act, 20161 ("RERA"), the governing laws for the promotion, construction, sale, management, and transfer of flats in Maharashtra was controlled by the Maharashtra Ownership of Flats Act, 19632 ("MOFA").

MOFA lays down that the common areas are to be transferred to the Co-operative Housing Society ("CHS"). However, it failed to define "common areas", it was hence unclear if parking spaces would be included thereunder. Alongside, it was observed that certain promoters had been selling parking spaces within the building

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