1). What were the terms of sale deed? Was it that the owner of flat gets the car park below it? In that case, file a police complaint for trespass against the flat owner occupying your car park
Allotment of car park Is not in equal length and width.
Recently I purchased a flat in Chennai, Everyone in the flat paid 1 Lack for covered car parking while purchasing the flat. While purchasing the flat builder said the car parking will be allotted below the respective flats. However, the parking space is not similar. The space below my flat has the largest space compared to all flats. The owner of my opposite flat occupied the parking lot below my flat (which is largest) upon requesting the builder. Because of this few other flat members have difficulty in parking their vehicles. The flat owner occupied the largest parking lot owning only low square feet flat. How can I proceed further in resolving this issue?
Asked 7 years ago in Property Law
Religion: Hindu
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12 Answers
See the parking(slit) cannot be sold the society has the power to allot the parking if no society is formed you all resident can collectively request the builder to change the allotment of the said person.
You must approach apartment society,when every one paid equal amount then parking space also allot equally.
You have not mentioned west is size of your parking slot
2) is it sufficient to park your car
3) file RTI application with muncipal corporation and check the parking slots sanctioned by corporation
4) it is not necessary that all slots should be of same size but should be sufficient to park your car
Hi, it is advisable to file a complaint in the cosnumer court , since the parking space is small enough to accommodate a vehicle
You need to see the condition of the Agreement. If the car parking is available to you below the same it is your right to do so. But If the same is common area you can also park the car. You need to approach the Consumer Court if the builder is not Co-operative.
Dear Client,
Without paying stamp duty on such portion, no valid title. Mere assigning by builder , dose not give any inherent right to use.
And if he has purchased that parking (covered) space by paying stamp duty than his ownership cant be question.
Dear Sir,
The following rules normally adopted in allotting car parking space. You can make a representation to the Deputy Registrar of concerned department who will resolve the issue.
Whenever a developer has to develop an area, he has to take development permission and commencement certificate from the authorities concerned. To get these approvals, he has to mandatorily submit a building plan, which includes area earmarked for parking. The model building byelaws of the Ministry of Urban Development .
Car parking space cannot be legally claimed as a matter of right. Car parking comes under the definition of 'common area', which is meant for common use and enjoyment of all the flat-owners. The issue has to be resolved with the builder or the flat-owners' association if is already in existence.
In case there is any agreement with the Builder that you will get the parking below your flat then you can execute that otherwise you have to negotiate with him and persuade that the parking below your flats should be given to you
If this is an irregularity, then you may approach the builder and ask him to rectify the same by instructing the occupier to vacate the space illegally occupied by him.
Actually the builder is not supposed to sell the parking space.
The parking space being a common area, it will be taken over by the association, once it is formed, however this will not deprive your current rights on it, you can even plan to issue a legal notice to the builder on this if he fails to listen to your request.
Dear Sir,
You may raise the issue with the Registrar of concerned department and also issue a legal notice to the builder. Finally you may approach a Civil Court to exercise your civil rights. You will definitely succeed.
