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Builder extended stilt parking (ground) right to basement owner
07-Feb-2023 (In Property Law)
Our building has 8 flats with stilt parking on ground floor and a basement. Builder sold basement with a parking(2wheeler) and a toilet both of which are in stilt floor(ground). Access to basement is from outside and access to stilt floor and 8 residential floors is through main gate. Initially we were told parking was only for floor owners but not exclusively mentioned on sale deed. stilt floor is common for access to the floors but not for basement.Building is in one of 895 unauthorised colonies soon to be regularised. On what grounds we can deny the access to the basement owner for the stilt floor? 150sq yards-area of building. Dental clinic is in the basement & Owner is not a resident of the building.
the stilt parking space being `garage', as an independent unit is covered by the definition of `flat' in Section 2(a-1) of MOFA; Section 2(a-1) creates an artificial definition of `flat' and since in common parlance a garage would not be considered as a flat, the legislature clarified and explained that the term `flat' means and `includes a garage'; as long as premises are covered from the roof or which have a covered roof and used for the parking of vehicles, that would qualify as `garage' and since stilt parking spaces are covered parking spaces and form part of the building, they fall within the definition of a `garage'; even if stilt parking spaces do not fall within the definition of `flat', they are nevertheless sellable as independent units since right to sell such spaces flows from the bundle of rights associated with ownership of the property and Sections 10 and 11 of MOFA read with Rule 9 of 1964 Rules are not exhaustive of the rights retained by the promoter upon execution of conveyance
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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It seems to me that, you have been cheated by the Builder.... So you may lodge an FIR against him and file a suit for recovery of money as well as damages.... It will be good idea to have a meeting with an advocate....
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Adv. Siddharth Dev
Delhi | 200+ Answers
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that will depend on the terms of your sale deed. the sale deed will specify what rights are given to the owner of the base. your best option is to file a suit for permanent injunction and declaration before the concerned court.
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Adv. Angad Mehta
Delhi | 100+ Answers
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Hello, Case is violation of deed/agreement, what I understood from your writeup, whether is there any provision or not, that only can be advisable after knowing your all documents. Revert me if you feel, you all residents can take step together.
Jayatee Chatterjee
Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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It is mainly on the terms and condition maintioned in sale deed 2ndly basement is unauthorised which cannot be permited in unauthorised colony if it is without sanction of the plan u may file complaint to local authority for closing down entry to the basement.Basement without legal permision and sanction.The entry of the owner of basemenr can be stoped in case he has no clause in his sale deed or clause to enter in stilt parking in that case hè can be stoped by challanging in court and stay can be obtain by the court
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Adv. Bir Singh
Delhi | 25+ Answers
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