Upgrad LLM

car parking in the multistoried building

supdt.

I hav a reserved car park  but  i didn't have a car.  My friends are sometimes my relatives may keep the car for some time.  As  Water sump is within that car parking slot,  Association members with a viw to harass me  asking every now and then to remove the car and they say car cannot park over there.  What is the legal point?  Whether the water sump area cannot be given as car park and since I purchased it how to  go about this.

 
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Proprietor

 1. Association can not force you to remove your car from a parking slot, bought by you with proper legal title. Please ensure that it is not just added to your purchase deed, but a real parking lot. 

2. If it is common area all owners being co-owners, they can dictate terms.

3. Even if it is your area the reason of opening sump is (if) necessity, ask association for exchanging another area within the apartment if possible. 

Since you are only talking about oral requests/.... by association, you may oblige or not. 

No litigation need arises,

You could ask for a declaration suit with a lawyer to ensure you are the owner.


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Advocate

Sir, While alloting the car paring slot to you, did there a mention from the builder that below that area, sump will be there? Is there any mention in the document of allotment for car parking about sump? If not, you can sue the bulider for the dificiency of service in the consumer forum.

It is true that assosiation members ask for removal of vehicle from your parking slot for the purposes of sump. It is  between the builder and you to solve the problem. Water sump area cannot be given for car parking.


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Publishers

Sir, what are your legal rights on the car parking space. Though builders sell the parking space but it has got no legal value and even they only give just allotment letters.  There are many thing not valid in law but still happening in Co-operatives societies. The following are observations of Bombay High Court in the case of Nahalchand Laloochand Pvt. Ltd. Vs. Panchali Co-Operative Housing Society Limited (2008 (6) LJSOFT 16):

"Stilt parking space _ Enclosed parking area below the stilt _ It is part and parcel of the Society building and cannot be a separate premises available for sale _ Stilt parking spaces cannot be put on sale by the developer as he ceases to have any title on the same as soon as the occupation certificate is issued by the Corporation and it will become a property of the society on its registration _ Area of stilt parking space not included in the FSI nor is it assessable for the Corporation taxes _ Disposal of stilt parking spaces by the developer even before the occupation certificate was issued by the Corporation or thereafter is per se illegal."

The above judgment makes it very clear that builder/ developer has no right to sell the Stilt parking space/ Open parking space, then how come purchaser can claim any right?

 

 


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Legal Manager

Car parking rights can be claimed only by owners or residents (tenants) only.   You have stated that your friends and your relatives are parking their cars in the space alloted for you.  The society has every right to object the same because parking rights are exclusively provided for you not for your friends or relatives or outsiders.  Please go through your parking rights documents formulated by your society or association (if any).  Regardless of the issue of car parking near water sump area the association has got clear right to prohibit your friends or relatives or outsiders to park their cars in the apartment.


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supdt.

This association doesn't formulate any byelaws until now.  Such being the case, can they say no to me.  Other parking slot is open and no body has purchased it but as a matter of right they occupy such area.  The sump area is   a box of  One and half feet by one and half feet (even though the tank down below  the earth is   20,000 litres capacity) on the road side.  Will this also come under common area?


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Adv P & H High Court Chandigarh

Sanjeev has given the perfect reply.


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The Sessions court order for prosecuting the developer for selling parking space will be uploaded on this site in the file section hopefully by tomorrow.


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