Improper parking space

Sir,

Answering your query about the parking space, Courts have held that the builders are prohibited from selling stilt areas as parking or residential space. In absence of any agreement to the contrary, all the common space in an apartment complex always is equally shared by all owners of the flat. Therefore, all flat owners irrespective of the size of their house have an equal right over the parking space, gardens, paths, road etc. in an apartment complex. But, please be very sure that in your agreement that you have signed with the builder you have not agreed on any other arrangement with regard to the common space in the apartment complex.

I can advise you better after looking at your sale deed for flat and any other documents you may have for your society etc.

Regards,

Alkesh Agrawal

alkesh.ils@gmail.com

09099040835.

Hi,

Thanks for the quick response.

Our sale deed has one car parking space mentioned but how do you decide who get the bigger one and who gets the smaller one?? that is the question.

And how can we resolve it.

Regards,

Arvind

The right to parking space is with the co-operative society now a days, so you can take the matter with the co-operative society of your building. Otherwise you can supply the builder or co-operative society with a legal notice informing them that if the dspute is not resolved within a stipulated time, you may go to the CREDAi which is Building Constructors Association. But as such no civil suit will be entertained by the courts as it would be considered a trivial (read small) matter. In my opinion the society meetings would be tour proper forum for grievances.

Regards,

Alkesh Agrawal

alkesh.ils@gmail.com

09099040835.