Milind (Manager) 19 November 2013

Sell of slilts parking

Hello,

I purchased flat during 1998 in a building having 6 flats. While purchasing the buiilder indicated that only three parkings are allowed to sell. Three persons purchased the parking, which is mentioned in their registered agreement .My self and one other person did not buy as there were two parking spaces were available. Sixth flat was empty till 2008.One person bought flat in 2008 and now he is claiming that 4th parking is sold to him by builder ( his registered flat agreement does not indicate that parking is sold to him). This sixth person has some relations with builder and he is taking advantage of this.He is asking me to take out my car as the parking is sold out to him by builder. He is trying to mention this allotment of parking in conveyance deed which is planned to beexecuted.Pl. help me and tell how can I saafe guard my parking and respective rules/laws based on which I can safe guard my parking

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4 Replies

G D Rajan (Advocate - High Court Madras) 19 November 2013

Hello Milind,

Totally how many flats?

How many car parkings?

According to your information, there are 5 car parkings. Am I correct? If yes, why dont you buy the 5th one.

You also say that when you purchased the flat builder said there is no provision for the 4th parking space. Are there any communication references or document evidence related to your request and the builder statement.

Additionally, you need to sit with a lawyer and explore, if such evidences are available and also measure the UDS and common area allotted to all the buyers. If the builder statement was correct, that there were only 3 car parking, 4th car parking becomes unauthorised.

Else, file a breach of contract.

Thanks.

Devarajan G

Milind (Manager) 20 November 2013

Dear Sir, You are right that there are six flats and there is space available for 5 car parking ( out of which 3 have been sold). Presently I am parking in 4th palce and another person parks at fith place.There is no space for parking sixth car . The new peson is saying that the 4th palce ( in which I am parking my car) has been sold out to him. We dont have any evidence in writing what builder had said us in past that only 3 parking can be sold.Pl. communicate what can be done in this situation.

G D Rajan (Advocate - High Court Madras) 20 November 2013

Please lodge a complaint with the local police station, mentioning the history and 6th buyer threatening you. Argue that you were wanted to buy this, if it was provisioned and sold, as well say that you were using this common area for 15 years, use other residents as evidence.

This will bring up some light on..

1) Builder already said there was no provision for 4th & 5 th car parking.
2) if there is some sale agreement on 4th car parking to the 6th buyer.

outcome of this action will help you to file a legal case against the builder,or the 6th buyer to adjust to the old practice..

Note: If there was provision as per the building plan for 4th & 5th, then builder might have kept it for own use, if he has sold it now, it might be unfavorable to you.

rekha bhanshali (house wife) 22 November 2013

sir, but now supreme court order is there that builders can not sell still parking and this car parking belong to society then how builder or flat owner has right only society can issue a letter to first come first and that also flat owner have no right when they sell the flat they have to surrender to the society am i right and some flat owner having 2 car parking space alloted by builders is it valid then where other flat owner can park the car in this matter if not please guide us how to go about this matter