• Car parking in independent floors Gurgaon

I live on the ground floor of a three tiered independent floor building. Car parking for the three floors (ground first second) have been carved out of the area In front of my house. And my boundary wall has been pushed inwards towards my house. The same is mentioned in the buyers agreement and registry done in 2010.
 The builder has taken completion certificate only now (after 7 years). The first and second floor owners have both since sold their houses.
My Question is, after the CC, am i allowed to extend the current boundary wall until the outer limits of my plot, but ofcourse not extending to the road beyond
The new buyers insist it's their right to park the cars there since they bought the house which I disagree with since i feel the area within my plot perimeter is for the use of ground floor ,albeit ,as an open area without any physical structure being created. Please guide
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

1)you cannot debar first and second floor flat owners from parking their cars in the building compound

2) area within plot perimeter is not for your exclusive use

3) common areas are for benefit of all flat owners

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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You have to verify the original masterplan about the car parking space and confirm if this space was earmarked for car parking or not.

Moreover you will be having your own sale agreement/deed in which the plan of your flat and the space meant for you shall be clearly endorsed,

If you find any violation to the original plan and this seems to be an unnecessary burden and disturbance you may contemplate to initiate legal action by first issuing a legal notice objecting their move to utilise the space contrary to the law and agaisnt the provisions of the original construction plan.

The legal solutions will include a complaint to the local civic body/municipality too.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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