Parking
sadhana
(Querist) 08 April 2018
This query is : Resolved
I m owner of building n I have sold flat . He has done alterations in flat n mrtp has been longed n change of use of flat is done
So we have not given dedicated parking but still he is enjoying by parking vehicle any where in premises n still has longed consumer complaint stating not parking
Now he has started creating harassment by parking vehicle at entrance of gate
sadhana
(Querist) 08 April 2018
Pl. Advise urgently
Ms.Usha Kapoor
(Expert) 09 April 2018
Let the new owner and tenant sit together and settle the matter such as parking space amicably. avoiding complicated strained relations.
Guest
(Expert) 09 April 2018
When you have already sold the flat to him, why do you believe that he should take permission from you for making alteration in his bought out flat? However, you may better consult some local lawyer getting the sale deed examined by him in detail for further advice. So far as parking is concerned, you cannot put restraints on him for parking his vehicle in the common area of building. Common area can be used for parking. That does not make any sense if expected him to live in the flat bought by him, but should park his vehicle out of the building somewhere else.
If he has started parking in the entrance gate that makes clear as if it is due to the result of your putting very undue restraints on him on the issue of parking. It is better to have some mutual agreement earmarking some space for his parking.
Guest
(Expert) 09 April 2018
Ms. Usha Kapoor was required to use her commonsense before answering the question. The querist has very clearly stated that he is the owner of the building, not of a single apartment or flat in some housing society. Still further, he has very clearly stated, he has sold the flat.
Guest
(Expert) 09 April 2018
@ Ms. Sadhana,
If you can object to the parking of the flat owner in the common usable space, the other day would not you object to his passage through that common area, as the sale deed does not make any mention how to use the common space of the building?
Kishor Mehta
(Expert) 09 April 2018
The State Rent Act will apply. Usually a tenant has right of occupation and usage of the flat that is allotted to him, for parking space he has to take written permission of the landlord, which the landlord may permit depending on the availability of the space in the compound and considering probable nuisance to other tenants. This has better be decided with mutual consent.
P. Venu
(Expert) 09 April 2018
The facts posted suggests that there are deeper issues, esp. strained relationship than any legal issue involving substantial aspects.
Kumar Doab
(Expert) 09 April 2018
Even If there is NO narration in sale deed for use of common space that is also passage to flat that has been sold then;
IT will not mean that flat owner/buyer shall have to take by air route and use some drone to enter the flat from roof or window……….
For parking and utilization of common space refer to the sale deed, building plan, approvals, and rules of the authority under whose jurisdiction property falls…
Kumar Doab
(Expert) 09 April 2018
As hinted by Mr. Kishore Mehta also, consent of landlord may be required…
Instead of straining the relations and complicating the matter and also to avoid daily altercations and paying lawyers IT will be better to sit with buyers and close the mater(s) amicably...
Dr J C Vashista
(Expert) 10 April 2018
I respectfully disagree with expert Mr. Kishor Mehta along with consenting experts since the flat has been "sold" and not on "rent" to the possessor, wherein he is advised to seek consent of landlord since vendee is himself landlord. Kindly review your opinion and advise.
Dr J C Vashista
(Expert) 10 April 2018
@ Sadhana,
You have used "sms" language in your post, which has confused me. Be clear to make out "some" opinion.
Kishor Mehta
(Expert) 10 April 2018
With due respect, 'sold' is the usual terminology used by the landlords for the flats given on "rent".
