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Karthik (NA)     11 August 2014

Illegally occupied parking lot in our absence

Hello. I have a query. In my absence, my parking lot #301 was wiped out and some people decided to convert it into driveway for their convenience. They have wiped out the number painted theri without intimating me and are objecting when I park my vehicle there. The builder has clearly stated that the aprking lot is allotted to me and no one has any say in its ownership and usge other than me. What is the course action i should adopt to reclaim my rightful place. also, i have parked my bike in the same place and repainted the number in the exact place as before. 



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 3 Replies

David Baker (advocate)     12 August 2014

Has the society been formed? If the answer is in the affirmative, why don't you approach them and show them the sale deed which stipulates that the said parking lot was allotted to you. Well there are instances when builders allot parking slots, but the society after formation too allots them. 

it would be best to first clarify things with the society, who I guess should solve the issue. If not you would have to seek a legal remedy both civil and criminal.

Karthik (NA)     12 August 2014

Hello, Members of the society want to use my parking lot as driveway due to it's proximity to the gate. there is an alternate route which they are refusing to take and was part of the original builder's plan. The builder has alloted the lot to me. my sale deed has the requisite details stating that i have purchased a lot from the builder.but no details of the exact place of parking are mentioned in it. Certain members of the association are exploiting the fact that i am not around frequently and pained over the number demarkating the parking spot as my house number and declared it as parking lot driveway. Association has not been registered yet and these actions were taken without intimating me of the same. This came to my notice only when i drove in one day and the security guard told me that this is driveway and not my parking spot. When i questioned, they are talking that it's an association decision. I understand it's illegal on their behalf and i am willing to take legal action if they comtinue to harass me.

David Baker (advocate)     12 August 2014

Well. So you see, the builder has not specifically allotted you the parking lot. You presume that this is the one allotted to you. How do you prove that the slot in question was allotted to you. You will have to have a document clearly specifying that you have a parking lot clearly specified. In the absence of this you cannot enforce anything. Alternatively, why don't you approach the builder and ask him to specify the parking lot that was allotted to you.

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