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ramesh (owner)     08 August 2013

Encroachment - car park

Respected Law Community,

I bought an apartment from a company on May 2010. The company has bought the same directly from the builder on March 1993 and sparingly used it as their guest house for their employees. Among many documents handed over to me they have given one car parking diagram (signed by the builder and not registered) for my apartment.

That car parking slot ( 2 cars can be park ) is encroached by another person in the same building. He has swapped the number (car parking earmark) of his own (1 car can park) to the encroached ( 2 cars can park). When the company people asked about this before selling he reciprocated to take out his car.

The company has not informed anything to me,  when they sold the apartment. I came to know this from the sketch and raised the issue to the association. Association does not consider this and also said that it is your individual issue and we cannot interfere in this ( The association is registered in "society act" ).

When I parked my car in the car parking assigned to me, the encroached person went to the police and the police and the association were helpped him and also forced me to remove my car.

He also went to the court and got the temp. injenction (for not interfering that car parking) and now he is asking for the permanent injection from the court. He is not having any sketch for the car parking for his apartment.

As the encroached person is staying there for long while ( from the date of construction), everybody in the building are supporting him.

Note : Builder is not helping me to resolve the issue. Currently I am parking my car in a single car parking (swaped person's one) earmarked by the association. ( Building basement is the car parking slot for that apartment )

Currently I cannot park my car as per the sketch (2 cars can park) that I have it.


Ramesh T


 2 Replies

Advocate Rohit (Advocate)     08 August 2013

what is the term and condition in your purchase agreement??? did the company clearly mention about the said parking slot??? did the company/builder gave you any formal document for swapping of the parking lot????


you need to show the evidence before the court and your lawyer needs to put before the arguments asking the encroacher to prove his bonafide ownership.


Kindly show your document for legal assistance required, if any.



Advocate Rohit Dalmia



ramesh (owner)     18 September 2017

Thanks a lot for the reply.

Sorry for replying lately. 

In the purchase agreement it is specified as car parking is available and is also registered. 

As the company is staying in mumbai they cannot show the correct car parking place. They have given as it was painted on the slit car parking ( closed car parking ). Yes company has given the car parking sketch which clearly shows about the car parking space. 

Showed everything to the lawyer and we defended. 

Current status : The person who filed the case got expired on 2016 now the case is dismissed. 


When I talk with the son of that owner he is not interesting to park my vehicle in that place. He is in USA now.  No one is in the house now. In long run he wants to sell the house to somebody else.  

My lawyer advising to park the vehicle as per the document. 

What shall I do now.


Ramesh T


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