• Car parking

I purchased a resale flat in Vizag and which contains car parking also in stilt as per sale deed. First owner shown X location as his car parking and he is parking there since past two years. When iam about to occupy the flat ( after two months ) after first owner vacating it is observed that other flat owner claiming its my parking. The issue i takenup with First owner he is saying its our parking only but no Letter of proof . Also saying that no allotments to anyone via letter . All are parking as per mutual understanding. How to get my Car parking which was shown by first owner plz help me. Society is not yet formed in this Apartment.can i file a cheating case on First owner or / and Builder ?. How to getridoff this issue please suggest. If allotment gives by Builder is it a valid document ? Plz suggest the solution and wayforward.
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

Builder can only allot car parking slot

2) he cannot sell parking slot Asit forms part of common area for benefit of all members

3) raise issue with the builder

4) car parking slots should bear the number and should mention flat against which allotment has been done

5) if you ha e paid any money to seller for parking slot seek refund of money paid by you

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Hello sir , if there is no clause for the parking in the sale agreement , then no action against the previous owner can be taken .. However , if the first owner was alloted with a parking from the builder , you can file a civil suit against the builder

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Open stilt parking areas are common areas and builder or owner cannot sell them separately, the Supreme Court has ruled in the past.

Citation

Nahalchand Laloochand Pvt. Ltd. ...Appellant

Versus

Panchali Co-operative Housing Society Ltd. ...Respondent

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

As per my understanding you have stated that stilt parking is mentioned in sale deed. If it is mentioned then none can stop you from parking your vehicle there.

If it is not mentioned then you can file cheating case against first owner only.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear Clinet,

Without duly registered deed and stamp duty paid, No ownership in car parking but on the basis of allotment letter, parking space can be ascertain as who was using it. And sale of car parking to you is illegal as first owner had no ownership of parking. Can file cheating case against first buyer. Builder not liable.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

Is there a mention of the parking in the original allotment letter?

Please clear the issue from the person from whom you have purchased the property and ask him to hand over the peaceful possession of the parking, failing which you may file a civil suit against him and not case in consumer forum.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Since the car parking space cannot be sold, the vendor may not be having a valid document to prove that he purchased the parking space.

Thus any case filed in this regard may not yield any fruitful result.

You may have to fight with your owner demanding him to return the money he received towards the car parking space.

You can issue a legal notice and then file a suit for recovery if he is not obliging to talks.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Sir the slit parking cannot be purchased as it is part of common area you have to file a representation before the society for allotment of the parking space to you.

For allotment of parking you can file an complaint before the consumer forum against the builder and the first party as they are maintaining the society since the parking cannot be sold you can ask for alternate allotment,

Allotment by the builder shall not be considered as sale therefore the allotment can be changed once the society is formed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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