Carpark in vacant courtyard in apartment

kalyan bhanja (Querist) 29 May 2025 This query is : Resolved
HOW TO CLAIM DEMURAGE ON ILLEGAL CONVERSION OF COMMON PASSAGE TO CAR PARKING SPACE

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This discussion addresses the illegal conversion of common passages or courtyards into car parking spaces within apartment complexes. It clarifies that 'demurrage' is not the correct term for this situation, as demurrage relates to shipping delays. Instead, the focus should be on illegal encroachment and property law. Owners affected by such conversions are advised to formally notify the encroaching parties and consult a property law specialist for legal guidance and to explore remedies, which may include complaints to local authorities.

T. Kalaiselvan, Advocate (Expert) 29 May 2025
How are you affected by this? Are you one of the owners in the resident welfare association or or you a owner of one of the flats who are entitled to a right in the common passage?
What is the common passage are you referring here?
Your query is devoid of details hence no proper opinion can be rendered.

kavksatyanarayana (Expert) 29 May 2025
Did you put this before the Association Committee in the AGM or the Executive Body meeting?

Dr. J C Vashista (Expert) 01 June 2025
What type of illegal conversion is being referred in the post what is your status in the association and what is your locus standi to claim demurrage ?
It would be appropriate to seek professional services of a local prudent lawyer for proper analyses of facts and necessary guidance / proceeding.

Sudhir Kumar, Advocate (Expert) 01 June 2025
This is not a query it is riddle.

Dr. J C Vashista (Expert) 02 June 2025
It is appropriate and better to seek professional services of a local prudent lawyer for analyses of facts, proper guidance and necessary proceeding, if it is your personal and real problem.

T. Kalaiselvan, Advocate (Expert) 05 June 2025
Claiming demurrage in the context of illegally converted common passages for car parking is not directly applicable.
Demurrage is typically associated with delays in shipping or cargo handling, and it's a concept from the transportation sector.
Illegal conversion of common passages is a matter of property law and encroachment.
Instead of claiming demurrage, you would need to address the issue of illegal encroachment and seek legal remedies to restore the common passage to its intended use.
First, formally notify the builder or the resident(s) encroaching on the common passage to remove the encroachment and restore the area to its intended use.
Consult with a lawyer specializing in property law to understand your rights and available remedies.
You can also file a complaint with relevant authorities, such as the municipal corporation, to address the illegal encroachment.

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