purchaser of flat on fourth floor is entitled to one car parking slot
2) there is no harm in giving him keys to all gates in the building
3) as per the agreement the purchaser is entitled to one small car parking slot
Rights given in GPA only small car parking
My father is owner of property build by builder given a flat upper ground floor for making 4 floor and one small car paring. builder sell to iv party. IV th party of upper ground floor harassment to my 84 years father for demanding in parking permanent space. this paragraph given in GPA(in respect of the entire upper ground floor only without roof rights upto ceiling level,along with one small car parking,along with proportionate,indivisible,undivided and impartial share in the land beneath with all rights,titles,and interest with whole of structure constructed whatsoever thereon, fitted with fixtures,with all accessiable rights to common staircase/services like sewer line & separate water line electricity meter and right to access to water tank antenna installed on the roof situated at on al plot or land. 1. he want all gates key we give only one key for common entrance. 2.he harassment my father by police to give in written rights in parking space.
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
what about harassment in this regarding to my father we given to only upper ground floor and small car parking to builder, builder sell to iiird party.can he demanding rights not given to builder by my father?
Asked 7 years ago
your father had execute POA in favour of builder authorising him to construct additional floor and allotted one car parking slot
2) on basis of POA builder can sell flat on 4th floor to purchaser
1. The IVth party can not demand more than what was given to the builder through thge POA. So, he can not demand keys of all the gates.
2. Your father should lodge a police complaint against the IVth party for his harassing your father.
1. Lodge a police complaint by sending a letter to the police by speed post under copy to the local S.P./D.C. and collect track report of delivery of those letters through internet.
2. If police fails to take any action against the IVth person, file a Writ Petition against police for its inaction.
Your rights originate from the agreement that you executed with the builder, which has to be perused threadbare to form an opinion. If the builder has gone beyond the agreement or did not carry out the liabilities contracted by him then a suit for specific performance can be filed against him. Consult a lawyer with all documents related to the property.
1. he want all gates key we give only one key for common entrance.
If he is entitled to common amenities, there is nothing illegal about his demands on this. He canbe provided with an extra key.
2.he harassment my father by police to give in written rights in parking space.
If the car parking space is mentioned in his sale deed document, then he is entitled for that, hence you verify the same and allot him the space he is entitled to or else ask him to aproach court for relief and solace.
what about harassment in this regarding to my father we given to only upper ground floor and small car parking to builder, builder sell to iiird party.can he demanding rights not given to builder by my father?
You have to go through the documents executed to the builder once again and confirm the new buyer's eligibility about this car parking space now he claims.
If his harassment is beyond tolerance then he may booked in a criminal case on this.