Ravi Darisi 29 November 2016

Car parking

Sir, I own a flat in Visakhapatnam since 2010. Due to my employment in Mumbai, it was lying vacant all these years and post-retirement, I have recently shifted here. I just realised that my builder has not mentioned car parking space in my Sale Deed whereas he has done so for all others. Due to this, my neighbour is refusing to remove his car from the car parking space allotted to my flat. He has been occupying my space all these years, by parking his Toyota Innova car across both his and my parking spaces. Please advise.

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Samarpan (M)99958670740 (Free legal advice and legal aid cell) 01 December 2016

Issue a legal notice to the illegal occupant and if he does not relent, then approach the court and claim car parking on the basis of the sale deeds of other owners to buttress your arguments. By the way, the person who occupied the carparking space also cannot prove his ownership on that place.

Ravi Darisi 01 December 2016

Thak you, sir. I was holding the notion that sale of common area to individual flat-buyers as Car Parking area and charging additional sums is not legal and proper, basis Hon’ble Supreme Court decision in the case of Nahalchand Laloochand Pvt. Ltd. Vs. Pancholi CHS Ltd. [AIR 2010 SC 3607] and a series of other judgements in this regard. Your guidance helps me boost my morale. Thanks, once again.