Siddarth (Prop) 01 July 2012

Stilt parking

Sir
I am from Delhi and have recently purchased third floor which is newly constructed and has stilt parking but the builder has not sold the parking right to us. rather he has given the parking right only to ground and first floor! Is it legally correct?? What can we do? According to us we think it is illegal. please help!

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13 Replies

rahul (director) 01 July 2012

you hv right on every common area of the complex and parking do come under commom area as per supreme court order dt 31-10-2010 builder can not sale and ask money for anything which come under commer area, the moment you purchase flat in complex, you automatically hv right on parking area or all area which is commen use.

rahul (director) 01 July 2012

you hv right on every common area of the complex and parking do come under commom area as per supreme court order dt 31-08-2010 builder can not sale and ask money for anything which come under commer area, the moment you purchase flat in complex, you automatically hv right on parking area or all area which is commen use.

rahul (director) 01 July 2012

here is the judgment copy, fwd this to builder

Attached File : 928737223 sc-31082010.aspx downloaded: 179 times

Siddarth (Prop) 01 July 2012

Thank You :)

Please send the judgement copy once again the page doesnot exists in above file!!

Siddarth (Prop) 01 July 2012

Thank You :)

Please send the judgement copy once again the page doesnot exists in above file!!

Siddarth (Prop) 01 July 2012

Thank You :)

Please send the judgement copy once again the page doesnot exists in above file!!

rahul (director) 01 July 2012

here it is.

Attached File : 928744038 sc-car.pdf downloaded: 169 times

Siddarth (Prop) 01 July 2012

Sir

The ground Floor owner says stilt parking is mine and i can do any thing. He is trying to construct a 5ft boundary wall separating parking area and entrance. Is it legal? He says he is doing for security purposes.

Siddarth (Prop) 01 July 2012

Sir

The main case is that the Gf owner sold his roof rights to construct second and third floor with stilt parking. And he did not sell the parking area ie he is the owner of stilt parking (as per the documents).

Now builder sold us the floor mentioning that we have no right to park our cars inside the stilt parking.

Is this legal? According to the supreme court judgment u just sent me it is not right.

Please tell.

rahul (director) 01 July 2012

You can file a complain/petition in court and take stay to stop make a wall as you convey. once you are able to get stay order, then he will approch you for settlement with you.

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