Undistributed property
NIKHAT PARVEEN
(Querist) 22 September 2014
This query is : Resolved
I have purchased the land on 31/03/2013. there is a building of three floors. first and second floor i have purchased. ground floor is in the possession of another party.
there is a common area on the ground floor which is used for the purpose of Parking by the second party earlier (before the sale of land to me)park is car on the common land situated on the ground floor.
another party has included the common area in his registry papers.
when i purchased the land then another party is not allowing me to use the common land. what should be the solution of this problem ...kindly tell in the light of law.
ROHIT SHARMA
(Expert) 22 September 2014
Dear Mr. Nikhat Parveen,
1. If in your sale deed such rights of using the common space on the ground level for car parking was exercised by the previous owner and such fact has been mentioned in such sale deed then you can serve a legal notice to the ground floor occupant to stop infringing your legal rights.
2. If the ground floor occupant has got such common space mentioned in his sale deed after you have purchased the first and second floor then it is illegal but if such condition does appear in the original registry done in the past by the ground floor occupant then you can make an amicable settlement with such person and pay the rent for car parking to him.
Kumar Doab
(Expert) 22 September 2014
If another party as mentioned by you is the owner of Ground Floor then since area pointed as common area by you, is included in sale deed of this another party you may amicably settle the matter and agree to pay consideration as settled between you.
Rajendra K Goyal
(Expert) 23 September 2014
All the papers regarding use and ownership of common area need to be referred, consult a local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 30 September 2014
The sale deed documents need to be seen for tendering proper opinion, you will be misguided by experts opinion because your query is devoid of essential details/facts.
