Since there are only 6 parking slots for 10 flats allotment of parking slots should be by drawing of lots
2) you cannot be entitled to parking slot for life
3) police would not take any action as it is a civil dispute
Related to car park in an unregistered apartment building
Greetings lawyers, I am residing in Chennai in a flat in the ground floor, measuring 805 sq.ft and there are 10 flats (920 sq.ft -4 no.s, 805 sq.ft -1 no, 620 sq.ft - 3 no.s and 500 sq.ft - 2 no.s) in the building whereas there is car parking space (not demarcated) for only 6 flats.The owners have not registered the association. I purchased the flat from the previous flat owner in 2016 who has purchased from the builder in 2004. The agreement with the builder clearly mentions 'equal rights in the parking and common areas'. The builder has orally informed that the car parking area can be taken on the priority of built up area, which means there is no parking for owners of flats measuring 620 sq.ft and 500 sq.ft. Based on this, as my flat measures 805 sq.ft I have been parking my car since 2017. But, when I moved out of city with my car in the year 2022, the owner of 620 sq.ft parked his car in my parking space and when I returned back, he is refusing to take his car out. Another flat owner (920 sq.ft) who is a local politician is aiding him in this malafide action and claims to be a friend of a sub inspector of my locality police station and indirectly helps the offending flat owner. My question is: 1) What steps can I take to recover my car parking space? 2) In the absence of a clear parking demarcation , can I file a complaint with the neighbouring police station to recover my parking space? Your valuable advice will be very helpful...
Asked 8 months ago in Property Law
Religion: Christian
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8 Answers
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Consult a Legal Expert: It's crucial to consult with a local attorney who specializes in property and real estate matters. They can provide you with specific advice based on the laws and regulations in Chennai, which may vary.
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Review the Builder's Agreement: Since the builder's agreement mentions "equal rights in the parking and common areas," this can be a crucial piece of evidence to support your claim to the parking space.
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Association Formation: You mentioned that the owners have not registered an association. Encourage the flat owners to establish a residents' association. Having a formal association can help in managing common issues like parking disputes. The association can work on creating parking rules and demarcating spaces.
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Negotiate Amicably: Try to have a polite and reasonable conversation with the owner of the 620 sq.ft flat and the local politician. Explain the situation, share your agreement with the builder, and ask them to cooperate in resolving the issue peacefully.
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Document Everything: Keep records of all communications, including emails, messages, and any written agreements or documents related to the parking space.
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Mediation: If a direct negotiation doesn't work, consider mediation. A neutral third party can help facilitate a discussion between you and the owner of the 620 sq.ft flat to reach a resolution.
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Police Complaint: If all else fails, and you believe your rights are being violated, you can file a complaint with the local police station. Present your evidence, including the builder's agreement, and explain the situation. The police may intervene to ensure that your rights are protected.
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Legal Action: If none of the above steps yield results, you may need to consider taking legal action, such as filing a civil lawsuit. Your attorney can guide you through this process, which can be complex and time-consuming.
Remember that property disputes can be complicated and can take time to resolve. Consult with a qualified attorney to understand your specific legal rights and options in your jurisdiction. Legal advice tailored to your situation is essential to pursue the most appropriate course of action.
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1. Since, the agreement having clause for equal rights in the parking and common areas , then none having his legal right to use the parking space permanently.
- Further, as you was using the said parking slot since 2017, then you can file a suit for Injunction before the court for restraining him from not allowing you to use the said parking slot.
2. Police having no power to interfere in such cases being a civil matter.
Dear Client
Review Legal Documents: Carefully review all the legal documents related to your property, including the sale agreement and any documents related to the common areas and parking rights. Your agreement mentioning "equal rights in parking and common areas" is crucial, and any oral agreements with the builder may also be relevant.
Contact the Builder: Try to contact the builder who made the oral agreement regarding parking. They might be willing to mediate or provide clarity on the parking allocation.
Talk to Other Residents: Discuss the issue with other flat owners who might be affected by the parking situation. They may have similar concerns and be willing to support your efforts in addressing the issue.
Form an Owners' Association: Even if it's not yet registered, consider working with other flat owners to form an owners' association. Having a collective voice can be beneficial in resolving disputes and addressing common area issues.
Consult with a Local Attorney: Seek legal counsel from a property lawyer in Chennai who can provide advice specific to your situation. They can review your documents and provide guidance on the best course of action.
Issue a Legal Notice: If necessary, your attorney can help you draft and send a legal notice to the owner of the 620 sq.ft flat who is occupying your parking space, informing them of your rights and requesting them to vacate the space.
Contact Local Authorities: If all else fails, you can consider contacting the local municipal authorities or the local police station to report the unauthorized occupation of your parking space. Provide them with all relevant documents and details of the dispute. However, be prepared for the possibility that this might not yield immediate results.
Seek a Court Order: As a last resort, you may need to file a civil lawsuit in the appropriate court to recover your park
1. On the basis of the documentary evidences in your possession to prove the enjoyment of the parking space by you ever since you purchased this property, you may file a suit for permanent injunction against the present occupier and also a bare injunction to direct him to vacate and deliver possession of the parking space that was allotted to your vendor and transferred to you by your vendor.
2. The police cannot interfere in the civil dispute, this is a civil dispute.
3. You discuss with an advocate in the local and issue a legal notice to the occupier instructing him to vacate the parking space failing which you can take necessary legal steps
According to the Apartment Ownership Act, 1972, the car parking space in an apartment building is a part of the common areas and facilities, which are owned by all the apartment owners in proportion to their respective shares. The car parking space cannot be sold or transferred separately by the builder or any apartment owner. The association of apartment owners has the power to regulate the use and maintenance of the common areas and facilities, including the car parking space.
Therefore, if you want to recover your car parking space, you should try to do the following:
- Check your sale deed and other documents that you have received from the previous flat owner or the builder. See if there is any mention of the car parking space allotted to you or any clause that gives you equal rights in the parking and common areas. If there is, then you have a legal basis to claim your parking space.
- Talk to the other flat owners who have been allotted car parking spaces and see if they are willing to support you. You can also try to negotiate with the offending flat owner and the politician flat owner and explain to them that you have a right to park your car as per your agreement with the builder. You can also offer to exchange your parking space with another vacant one or pay a reasonable fee for using it.
- If talking and negotiating does not work, then you can approach the association of apartment owners and file a complaint against the offending flat owner and the politician flat owner. You can request the association to intervene and resolve the dispute amicably. You can also ask them to frame clear rules and regulations for the allocation and use of car parking spaces in the building.
- If the association of apartment owners is not registered or does not exist, then you can try to form one with the consent of at least 60% of the flat owners in the building. You can then register the association under the Societies Registration Act, 1860 or any other applicable law. You can then elect a managing committee and frame bye-laws for the administration of the building, including the car parking space.
- If none of these steps work, then you can file a complaint with the nearest police station against the offending flat owner and the politician flat owner for illegally occupying your parking space and harassing you. You can also file a civil suit in the court for injunction and declaration of your right to park your car in your allotted space. You will need a lawyer to help you with these legal actions.
You can file consumer complaint against builder and society and get your parking space established
1) No. In a multi-storied residential complex, no owner can legally claim any car-parking rights. Car park forms part of the 'common area' meant for the use and enjoyment of all the residents in common.
2) No. No criminal action lies here.
It is advisable to sort out the issue among all the flat-owners in an amicable manner.
