Dispute over rights of parking.
Querist :
Anonymous
(Querist) 23 October 2011
This query is : Resolved
Almost 10 years back, we got our building reconstructed through a builder.
The builder had constructed three floors (ground, first and second floor)
As per agreement with the builder, the owners of each flat has 1/3rd share with one car parking inside the building.
However, the builder made only two parking. In addition, it was not specifically mentioned as to which parking belong to whom.
Later on, the builder sold his flat (second floor) to someone and in the sale deed reference of one parking inside the building was made without any specified area.
Now the owner of ground floor has also sold his flat with similar reference of parking.
Now both the owners of ground floor and second floor claim their right over the parking.
Whereas in my papers, which were made before construction of building by the builder and agreement with him, no reference of parking inside the building is available.
what should I do. Please advise.
ajay sethi
(Expert) 23 October 2011
you have entered into agreement with builder he was supposed to provide 3 slots . he has given only 2 . you ought to have issued legal notice to builder for deficiency of service and moved in consumer forum .
is your building registered as a cooperative society . if os you have to follow the byelaws for allotment parking slots . the parking slots shall be alloted by drawing of lots as parking slots are less than number of flats
JT Rajasuriya, Chennai
(Expert) 27 October 2011
The GF owner and the builder appear to be making a better title to what they hold - which is not valid in law. So, you can rebut the claimants by asking them to produce the previous title showing car parking lot.
(But practically when only 2 parking lots were made, the 3 of you would have entered into at least an oral agreement on is usage - that will be the most valid arrangement even under law).
