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BSB   28 April 2024

Parking possesion denied after registration

Dear lawyers,

 

I bought 3rd floor of a standalone building along with 2 cark spaces from landowner , which is duly registered and mutated in my favour. Unfortunately the leady landlord not handing over possession of parking spaces till date and unnecessarily hashing me with false cases. What's the best remedy in this case to get the parking space. Since property not coming under RERA so what shall I do.

Kindly advice 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     28 April 2024

If the parking space is part of the sale deed and it is clearly mentioned in the sale deed about the alllocation specifically, then the landlady cannot refuse to allot or handover possession of the parking space. You are one of the owners in that complex hence she cannot claimm poroprietorship of the entire complex including the parking spaces meant for other owners. 

You issue a legal notice demanding her to handover the possession of the parking space as per the registered sale deed condition failing which you may approach civil court with a suit for specific relief directing the landlady to deliver possession of the parking space as per the conditions of the sale deed.  

Dr. J C Vashista (Advocate )     29 April 2024

File a suit for possession / specific performance of contract qua parking slot through a local prudent lawyer.

You can also move to jurisdictional Consumer Disputes Redressal Commission for deficiency of service.

However, sale of parking in a multi-story building is illegal. 

BSB   29 April 2024

Thank you both for the valuable suggestions. Payment towards 2 parking spaces are clearly mentioned along with the amount for each parking on the sale deed. since it's not an apartment and independent building still can I file a case against consumer forum against land lord ? Is it parking sale in independent building also illegal? 

T. Kalaiselvan, Advocate (Advocate)     01 May 2024

You can file a suit for possession of the parking spaces as per the provisions of specific relief act and for the costs towards the litigation against the landlord 

You may discuss with a local advocate and proceed as suggested 


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