VAKEEL SAHAB LEGAL DESK • Independent Legal Information
26 October 2026
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VAKEEL SAHAB

Legal Desk • Judgments • Advocate Directory

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Can a Builder Sell Stilt or Open Parking Separately?

Rights depend on the nature of the parking, the sanctioned plan, the sale agreement and applicable state law. Open parking, stilt space and a legally recognised garage should not be treated as the same thing.
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  • Rights depend on the nature of the parking, the sanctioned plan, the sale agreement and applicable state law.
  • Open parking, stilt space and a legally recognised garage should not be treated as the same thing.Understand the Law and ProcedureThe definitions of common areas and garage under RERA are im…
  • Some judicial decisions have clarified questions about the separate sale of stilt/open parking in the context of specific state laws, but repeating a headline alone is not sufficient for eve…

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Rights depend on the nature of the parking, the sanctioned plan, the sale agreement and applicable state law. Open parking, stilt space and a legally recognised garage should not be treated as the same thing.

Understand the Law and Procedure

The definitions of common areas and garage under RERA are important. Some judicial decisions have clarified questions about the separate sale of stilt/open parking in the context of specific state laws, but repeating a headline alone is not sufficient for every project. An allotment of use and transferable ownership may be different rights. Check what the builder sold under the agreement, what is approved in the sanctioned layout, and what control the association has. Describing visitor parking or fire access as private parking may raise a separate serious issue.

In Detail: What Factors Could Change the Outcome?

A payment receipt stating ‘parking charges’ is not proof of title to the space. Obtain the parking number, dimensions, covered/open status and access plan. If the same space has been allotted to two buyers, it is necessary to compare both sets of documents and the plan. In a dispute, first seek a practical solution for use, but do not claim ownership without a legal basis.

What Should You Do?

  1. Compare the legal category of the space in the sanctioned parking plan with the category stated in the agreement.
  2. Ask the builder in writing for information about the basis for the allotment/use right and the charge.
  3. In cases of overlap, misuse of a common area or misrepresentation, consider remedies through the association, RERA or consumer forum.

Which Documents Should You Keep?

Keep the sale agreement, parking allotment letter, receipts, sanctioned plan and association records.

Hypothetical Example

A buyer was allotted an open slot but tried to sell it as a separate property. It must first be determined whether the buyer received ownership or only a right to use the space under the project rules.

Does a Parking Receipt Always Give a Right Like Registration of Separate Property?

No. A receipt, an allotment and legal title are different things; the relevant documents and law must be considered.

Sources and Related Rules

Editorial review: 26 October 2026. This is general legal information. The outcome may vary depending on the facts of the case, applicable state law and subsequent amendments.

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Advocate Amardeep Jaiswal
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Advocate Amardeep Jaiswal

Advocate, High Court of Madhya Pradesh, Jabalpur। Publishes informational articles on Indian law, judicial decisions and practical legal issues.

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