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Can A Builder Sell Parking Space In Stilt Parking To Any Resident
11-Aug-2023 (In Civil Law)
Mine is a builder floor in a building built on 200 yrds plot. There are 4 floors. Each floor has 2 parking space. But recently we came to know that 1 of the resident has 3 parking space. When we approached regarding the same he told us that he has purchased that space from builder. Then i went through my agreement in which i noticed that the builder had allocated one parking space in his own name. And also added an clause that the his allocated portions can be sold by him to anyone. All the other residents missed this clause. Now that resident with extra parking space has put his lock on one of the gates which comes in that 3rd parking area. Can anything be done now.
If you have paid for two parking spaces at the time of purchasing the building floor, then the builder can not keep one on his name. Also if the other person has locked the space used by you then proceed with police complaint or may file a suit for injunction against the person as well as against builder so that he should be restrained from selling your parking space. For any further legal assistance please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 500+ Answers
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Yes you can challenge that agreement in court and say it was unconsciously drafted agreement and jeopardise our rights and also create parking problems in the society on basis of which court may pass order on same.
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Adv. Pawan Prakash Pathak
Delhi | 200+ Answers
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I just have to remind you that if you read your sale deed, you will find that you have one fourth proportionate share in land, and common and settled law is stilt parking space is common area, it is also settled that builders can not sell it to his whims and discretion, file civil suit for declaration of your common and proportionate right in parking, declare their documents null and void, engage good lawyer, thanks
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Adv. Rajinder Pal Singh
Delhi | 200+ Answers
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