• Occupancy of outside area by ground floor resident

Our house is GF + FF + SF + TH. This is two side open property. I reside on second floor of this building. I bought this flat about 3 years ago and was parking my car at a distance from my house. Sometime back Some animals monkeys and dogs caused harm to my car and I approached ground floor owner to give me space to park one car at least. though there is no designated parking marked by builder but the area clearly has parking for four cars. One parking space has been given to first floor owners. on space of two cars owner of ground floor parks in such a way that no one else can park else we can easily have two cars parked over that space.One the other side of house ground floor owner has parked his second vehicle. He says that since he is living before us so he has right to park his cars on adjacent area of our house. I want to proceed legally in this matter rather having a roadside quarrel. what are the legal options available with me.
Asked 1 month ago in Civil Law

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17 Answers

As the parking spaces are undefined between the occupants, only remedy for you is to to file a suit for declaration in civil Court making all the other occupants of the building as the parties where in the court will adjudicate upon the issue at hand.

You can start by serving a legal notice to the occupants to amicably settle the matter and if if doesn't happen, you can approach court as advised above.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

All owners have equal rigth to use parking area. One car each and in a systematic way so that 4 cars can park smoothly. File suit in court to claim your share of parking.

Open parking comes under common area and its use is adjacent to flat ownership.

On adjacent area of our house  -- Open to public, any one use. No exclusive right.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

In such case, a legal notice will suffice your requirment. a legal notice with a clear direction to park your vehicle at the parking space. As being the lawful owner of the SF and the parking space being vacant for one car. You have full right to park your vehicle. Provided it does not hinder anyone else right. It can aslo be claimed as an easementary right by you. 

 

In case you want me to send the legal notice, I can be contacted on https://g.page/advocate-yuganshu-sharma-sys-la?share

 

Regards,

Yuganshu Sharma
Advocate, New Delhi
386 Answers
1 Consultation

5.0 on 5.0

- As per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area 

- Further, parking spaces are common spaces which belong to all the flat owners of an apartment , and one cannot claim over the same on the ground of purchased from the builder. 

- Further , no flat owner can claim right over the parking space on the ground that they have purchased the flat prior to another. 

- Hence, the said acts of other flat owner are against the law , and you being an owner of flat having your right to park your car there as well. 

- If , the builder is exist there , then you can approach him for solving said problem, and on refusal you can file a complaint against him as well. 

- Further, if no builder role is there , then file a suit before the court for sharing the parking space legally. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

How are you not allowed to park your car inside when you own a flat? Parking space is a common area in which occupants have an undivided interest. Parking spaces can’t be sold either. 

Your remedy is to file a suit for permanent injunction against your fellow residents. This will be to restrain them from usurping the parking slots and preventing you from parking your car inside.

 

Depending on the facts of the case, you may also be able to proceed against the developer in a consumer court for damages.  

I will need to look at your allotment letter, sale deed, etc.

 

Hope that answers your query. Follow-up questions welcome. 

Pulkit Chandna
Advocate, New Delhi
189 Answers
3 Consultations

4.9 on 5.0

You can apply to society chairman, if there is no such procedure so society than Municipal corporation structural audit who issue completion certificate to builder. get the parking layout and road to go inner vehicle to main road if other vehicle are parked in the such way that all car should come In-Out in the parking area.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Outside area forms part of common area for benefit of all flat owners 

 

file suit seek court orders to permit ground floor owner to permit you to park car in common areas 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Dear sir/ma'am,

Please clarify whether the area over which you wish to claim a right of parking is a private area falling within the compound/area of your building or is it an open area adjacent to the building, belonging to the government?

If it is a private common area, you can legally claim a right of parking. Common area is meant for equal enjoyment of all the residents of the building and the ground floor owner cannot claim exclusive right over it. The fact that he has been staying prior to you, does not give him a better right than you. 

However, if the area is a government land (i.e. usually the vacant space on both sides of the road), no one can claim an exclusive legal right to park their car. There is no comprehensive parking guideline in this regard, and tomorrow a stranger can also park his car in that area as long as he is not blocking your passage. 

In such situation, the dispute has to be solved by mutual understanding only. 

In either case, you can begin by sending a legal notice by contacting any Delhi based lawyer. At times it acts as a deterrence and the ground floor owner can be persuaded for a negotiation.  

Best wishes. 

Agam Sharma
Advocate, New Delhi
553 Answers
4 Consultations

5.0 on 5.0

If the ground floor owner has occupied more space for parking his one car and not allowing other owners to park their cars, then you can issue a legal notice to him demanding the parking space  since the same is a common area and everyone has rights over it.

However you cannot fight with the ground floor owner to permit you to park your car outside the building in which he is parking his car, that is a place belonging to government.

You consult with an advocate and take legal steps as necessary, before that ensure that there is a mention about allotment of car parking space by the builder at the time of purchasing the flat.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

You can complaint to dy registar or file complaint in consumer court. 

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

If there is space and he hasn't purchased the space ir it doesn't belong to him then he must share it with you. Send him a legal notice and if he doesn't respond then proceed ahead and file a case.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

If it is a common space you can file a complaint before the concerned authority.

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

Please approach Civil Court if your Apartment is not recognized under Apartment Association or Society Act .

If registered then approach Dy. Registrar of Society to address your grievances against injustice being caused to you by your member of the building. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to serve the legal notice and then file the suit in the court for the same. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

You can file suit against owner of ground floor for mandatory and permanent injunction for restraining him to stop you from parking your car and giving him directions for allowing you to park your car. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

issue a legal notice through an advocate and file civil suit before district court. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Legally you shoudl get a parking space in the premises. 

Serve the GF resident a legal notice 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

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