In my society, I am being threatened that facilities to my apartment will be stopped if I do not pay a monthly maintenance fee of ₹700. However, my refusal to pay is based on the following: My property registry document explicitly mentions a parking space associated with my 2BHK flat, for which I paid extra stamp duty. While the registry does not specify the exact area of the parking space, it does confirm 'standard parking.' The builder has not issued a formal parking allotment letter, and the society argues that without such a letter, my claim to the parking space is invalid. Despite this, they are currently renting out my parking space for ₹1000 per month since my tenant does not use it, yet they still demand I pay maintenance fees.
My arguments are: (1) I have already paid for the parking space, which is mentioned in my registry; (2) the society is generating income from renting out the parking space without my consent; (3) I have requested they vacate my parking space, after which I am willing to pay the maintenance fee, but they refuse, claiming my parking allotment is illegal; and (4) none of the other 40 flats have parking allotments mentioned in their registry, which the society uses to justify their stance. Is it legally valid for the society to disregard the parking allotment in my registry and demand maintenance while they profit from my parking space? What legal options do I have to protect my rights in this situation?"
Asked 1 year ago in Property Law
Religion: Hindu