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Builder did not allot parking space
31-May-2023 (In Property Law)
Our apartment consists of 9 no’s of flats (Three no’s at Ground floor, 4 no’s at First floor and 2 no’s at 2nd floor) with only 4 no’s of covered car parking shown in the drawings which is given by the builder along with the agreement. The builder told that car parking will be allotted after the property registration in the view of “first come first serve basis” as no of car parking is lesser than the no. of flats. But he not followed this statement park and allotted a space for car parking which is not there in the original drawing ( 5th car Park space).
What remedy you are looking for?
If your builder has allotted a car park space which is not in the original drawing than it can be inferred that the same was allotted from the common area. You are at risk of getting objection from any other flat owner for the deviation in the original building plan.
Are you aware of the dates at which other flat owner had purchased their properties?
If the builder has represented that car parking will be allotted after the property registration in the view of “first come first serve basis” than you need to get the dates of registration of each flat.
Need to look for the clause which speaks about the parking facilities from the Agreements you and your builder signed.
If your builder has allotted a car park space which is not in the original drawing than it can be inferred that the same was allotted from the common area. You are at risk of getting objection from any other flat owner for the deviation in the original building plan.
Are you aware of the dates at which other flat owner had purchased their properties?
If the builder has represented that car parking will be allotted after the property registration in the view of “first come first serve basis” than you need to get the dates of registration of each flat.
Need to look for the clause which speaks about the parking facilities from the Agreements you and your builder signed.
Helpful?
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Adv. GP Vijay
Chennai | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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