• Private parking written in registry even after objecting

I bought a builder floor in faridabad. Mine is 2nd floor. There was a owner in 1st floor and 4th floor. Few months back the 1st floor owner bought the 3rd and there was a office space in stilt parking which builder has given 3rd floor owner(who is also 1st floor owner) as private parking in some cash deal(in addition to 1 car parking of 3rd floor) so total 4 car parking for 2 floors. I have objected during purchase to owner and builder but few weeks backI came to know the builder has written in registry.. Now when I objected the builder said I have given not sold. I want to get my rights for additional car parking space and get the office demonish. 
1. Do I have legal rights to file a suit on builder for doing this as I know parking is common area and what is the process? 

2. Should I issue a legal notice to owner first or builder?
Asked 1 year ago in Property Law
Religion: Hindu

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5 Answers

1. Yes. You can also file complaint before consumer court. 

2. Both

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

File complaint against builder before consumer forum and seek orders to direct builder to allot you parking slot and to set aside sale of parking slot made in favour of flat owner 

Ajay Sethi
Advocate, Mumbai
85547 Answers
5730 Consultations

5.0 on 5.0

1. If your parking space has been taken away or not allotted to you as per agreement then you can fight for it.  

2. Any legal action which would be beyond your entitlement may not fetch you any fruitful result. 

However you may consult a local advocate,  discuss at length and decide as per suggestions received. 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

- First of all please share or personally go through the BBA or registry documents to understand the terms and conditions decided.

- To instigate the litigation, especially civil it is advisable to send legal notice to give one opportunity to opposite side to settle the matter amicably.

- Against any wrong act, law has given all the rights to approach the court.




Vivek Arya

Vivek Arya
Advocate, Gurgaon
741 Answers
6 Consultations

5.0 on 5.0

issue a legal notice  through an advocate and file complaint before district consumer forum against builder. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

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