Car parking area

Jun 07, 2025 365 views 2 answers
Property Law
Raman Satija
Jun 07, 2025
Property Law
► It is a 27 years old 3 storey building without lift. We senior citizen husband wife live in second floor and now unable to climb stairs. We all three owners are agreeable for reconstruction of the building with new structure with Lift and stilt car parking. This will also have longer life being new structure. Now the dispute is concerning the sharing of Car Parking. The general rule is that it is considered as common parking and anyone can park his car anywhere in the parking area without any specific car parking slot. But the dispute here is that the ground floor owner wants to have a dedicated parking slot and we because of our age and physical ailments wish to have dedicated car parking. Can the Law help old age couple to have dedicated car parking on humanitarian grounds
365 views
2 answers

2 Answers

Jun 22, 2025

Under Indian property law, particularly in apartment ownership governed by the Apartment Ownership Acts (state-specific) or the Transfer of Property Act, stilt and open car parking is generally treated as common area unless expressly demarcated and allocated through a registered agreement or builder's plan. However, in small buildings jointly owned by co-owners, such as your 3-owner property, mutual agreement is key.

Although there is no specific legal right to exclusive parking based solely on age, courts in India have recognized humanitarian considerations, especially for senior citizens and persons with disabilities, under the spirit of Article 21 of the Constitution (Right to Life with Dignity). If you and your spouse have genuine mobility issues, you may negotiate a practical arrangement or even seek an injunction or declaratory relief from a civil court citing physical hardship and reasonable accommodation.

Ideally, a written agreement among all co-owners allocating parking spaces fairly—giving priority to the elderly—should be executed and registered. If consensus is not reached, the matter can be taken to the local civil court for equitable resolution.

Jun 13, 2025

If there is scarcity of space for parking then how can we expect dedicated parking space. However if it is adjustable then first you negotiate with other stake holders and make such correspondence or paper work. If nothing fruitful comes forward then you can file Civil Suit and take appropriate Order/s from the competent authority/Court of Law

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