Parking dispute turns costly: Homebuyer loses court case after neighbour occupies his parking space with second car, here's why

When Mr and Mrs Dholakia bought an apartment in a housing society in Santacruz (West), Mumbai, India from its original owner Mr Kalra, they parked their car in the parking spot allotted to the original owner (Mr Kalra). However, they had no idea that the housing society had a byelaw stating that the parking spots could only be claimed by making an application to the chairman, which applied to subsequent flat owners as well.

This byelaw meant that if the Dholakias wanted to use the parking space allotted to the previous owner (Mr Kalra), they needed to write to the chairman of the housing society and request it. However, they didn't do that.

As a result, one day, Dholakia's neighbour parked his second car in their spot, blocking their access to the parking space. When the Dholakias requested him to remove his car as it was blocking their access, the neighbour refused. So the Dholakias filed a court case. However, on July 10, 2026, the Dholakias lost the case in court. As a result, the neighbour got to park his second car in that spot and the Dholakias got no relief.


The court held that a parking allotment made by a housing society to the original owner does not automatically transfer to the new owner of the flat. Since the Dholakias had not secured a fresh allotment of parking space from the society, they could not claim an exclusive right over that particular slot at that time. However, the court clarified that Dholakias can now file an application to the society to request a parking space.

Read on to learn more about this case and the reason behind the Dholakias' loss. This can help you with your own parking issue in a similar situation.

Brief about what happened

The housing society in Mumbai was formed in 2000 and Mr Kalra was one of the original members and was the owner of flat no. 402. He had been allotted a parking space by the society. Though this housing society building initially had only seven floors, later two more floors were built. According to the sanctioned plan, this society has 20 car parking spaces of which 10 are in stilt and the remaining are open car parking spaces.

Also read: Don’t wait till possession: 4 parking checks every homebuyer must do early

In 2007, Mr Kalra sold his flat to the Dholakias by signing a registered sale deed dated December 26, 2007. Mr Kalra had purchased this flat directly from the builder, but the parking space was allotted to him by the society after he applied for it.

By a resolution dated March 24, 2002, the managing committee of the society had allotted a car parking slot for Flat No.402 to Mr Kalra. However, when the Dholakias purchased this flat, they did not inform the society about needing this parking space or for that matter any particular parking space and continued to use Mr Kalra's allotted parking slot to park their car.

This has created the present parking problem. On October 23, 2021, the parking problem escalated to a dispute when Dholakias' neighbour forcibly and deliberately parked his second car in the parking space. After that, he continued to use that spot for this car.

Also read: Can housing societies deny common facilities to smaller flats because of lower maintenance fees? Know what the law says

In court, the Dholakias argued that the society had already given one parking spot to his neighbour and despite this, he parked his second car in Dholakias' spot. They claimed that this act of his neighbour was malafide and mischievous, leaving them without their parking slot.

Even though the society was informed about the situation, they chose not to act for reasons only they knew. Because of this inaction, Dholakia had no choice but to park his car in a less convenient location. Additionally, Dholakia pointed out that the housing society has more parking slots than there are members.

The housing society responded by stating that according to their own byelaw No.77(b) and 82 of Model Byelaws, a member has no right to transfer or sell the parking slot. So when Mr Kalra sold his flat to Dholakia, he could not have transferred his allotted parking to him.

On July 10, 2026, the Maharashtra Co-Operate Appellate Court ruled in the housing society's favour and the Dholakias lost the parking spot.

Also read: Bought a flat but parking too small and far away? Homebuyer filed case but lost in RERA; here’s why

Advocate M.S. Prabhune, Advocate represented the Dholakias and Advocate. Ms Devki Govekar represented his neighbour.

Maharashtra Co-Operate Appellate Court order

A summary of the judgement is as follows:

Mr Kalra had no right to transfer his allotted parking to Dholakia as per Byelaw no. 78(b)

The court said that as per Byelaw No.78(b), the allotment of the parking space is the prime responsibility of the managing committee of the society and a member shall have no right to sell or transfer the parking slot allotted by society.

The court said: "Hence, the predecessor in title of disputants namely Mr. Karla has no right to sell or transfer the parking slot allotted to him by the society to present disputants and present disputants (Dholakia) cannot claim any right over the parking slot allotted by the society to their predecessor in title Mr. Karla."

Also read: Builder denied proper parking? Know your rights under RERA & key court rulings

Byelaw no. 82 says if a homebuyer needs parking application needs to be made

The court observed that as per Byelaw No.82, any member who wants to have a parking slot, will have to make an application to the secretary of the society, giving necessary details.

The procedure laid down under the Byelaw No.63 for disposal of applications shall be followed by the secretary and the committee of the society.

Hence, according to this byelaw, it was necessary for the disputants (Dholakias) to file an application to the secretary of the society for getting a parking slot after buying Flat No.402. The court observed, it appears that Dholakia never made such an application to the secretary of the society for getting the parking slot to their flat.

The court said: "In the absence of a specific procedure followed by the disputants (Dholakia) for getting a parking space for their flat, they cannot claim any right, interest over the parking slot of their predecessor in title."

If the Dholakias want to claim the parking slot of their predecessor in title (Mr Kalra), they should have filed an application with the secretary of society for getting the said parking slot. Moreover, no resolution was passed by the society granting a specific parking slot to the Dholakias for Flat No.402.

Dholakias can't question their neighbour's forceful parking

The court said that Dholakia might be facing hardship but still he can't question his neighbour's forceful parking as this parking is not allotted to them.

At most, the court said Dholakias can move to the secretary of the society for allotment of a parking space to them. Thus the court ruled in the housing society's favour but made it clear that Dholakia can still file an application for parking space allotment to the society.