Dispute regarding parking of vehicles in apartment

557 votes

The cousin should verify the registered sale deed and sanctioned apartment plan. If the earmarked car parking is specifically conveyed or forms part of the exclusive appurtenant rights, the other owner cannot obstruct its use. For the disputed two-wheeler space, rely on the builder’s written instructions, approved plan, possession documents and 19 years’ continuous peaceful use. If interference continues, seek an injunction before the competent civil court.

Advocate Ravindra Anjaneyulu LawRato

989 votes

The key issue is whether the earmarked car-parking space was specifically allotted to your cousin under the sale deed, approved plan, allotment letter or other builder documents. If the car parking is expressly identified and forms part of the contractual allotment, the cousin can rely on those documents to protect his possessory/use rights. However, the fact that the two-wheeler parking is not mentioned in the sale deed may make an exclusive ownership claim difficult. The builder’s instructions, long-standing usage for nearly 19 years, maintenance records, apartment association records, photographs and statements of other residents can help establish the historical arrangement, though long use alone does not automatically create ownership. He should avoid confrontation and give a written representation to the apartment association requesting enforcement of the established parking arrangement. If the obstruction continues, the documents can be examined to determine whether an injunction or other civil remedy is appropriate. Please visit the office for further assistance and detailed examination of the sale deed and parking documents.

Advocate Mrudhula Jahnavi LawRato

772 votes

Namaste Sir Your cousin is on reasonably strong ground but the defence has to be framed correctly First the neighbours own argument defeats him If the two wheeler space is common area then it belongs to all the owners jointly and no single owner can appropriate it for his exclusive use either A co owner of common area cannot convert joint property into his private parking simply by placing his cycle there So he cannot claim the space for himself on the very ground he is relying on Second under the Telangana Apartments Promotion of Construction and Ownership Act common areas and their use are regulated by the Deed of Declaration and the bye laws of the apartment owners association and the general body is the competent authority to decide allotment and user of common areas A settled arrangement followed by all owners for nineteen years made by the builder at the time of handover and acted upon by everyone is strong evidence of an accepted allotment and cannot be unilaterally upset by one owner Third on the sale deed Please note the Supreme Court in Nahalchand Laloochand versus Panchali Cooperative Housing Society held that open and stilt parking areas form part of common areas So I would advise your cousin not to rest the case only on ownership of the parking The stronger and safer line is settled user association regulation and parity that is every owner parks beside his own car parking and this owner cannot be an exception Practical steps I would suggest in this order One Send a written complaint to the association secretary and ask for the issue to be placed before the general body with a request for a resolution recording the existing parking arrangement for all flats Two Collect and preserve the sale deed the builders letter or circular on two wheeler parking the Deed of Declaration and bye laws earlier association minutes if any maintenance receipts and photographs showing continuous use over the years Statements of two or three long standing residents also help Three If the association fails to act or the neighbour persists file a suit for permanent injunction before the City Civil Court at Hyderabad with an interim injunction application impleading both the neighbour and the association A few facts are needed before finalising Whether a Deed of Declaration was registered whether the association is registered and has bye laws the exact wording of the parking clause in the sale deed and whether any earlier general body resolution deals with two wheeler parking The answer can change depending on these documents.

Advocate Naresh Gaddapati LawRato

984 votes

The Supreme Court of India ruled that open and stilt spaces are categorized broadly as shared infrastructure or common facilities. Developers or individual buyers cannot treat open spaces as independent real estate. Denial of Individual Authority: State that the space adjacent to the car park does not form part of the complainant's exclusive registered title deed under the Apartment Ownership Acts. Assertion of Implied Right: Highlight that the space has been utilized with the builder's initial permission and the society's consensus continuously for 10 years without disrupting vehicle movement. Call for RWA Intervention: Request that any dispute regarding the utilization of common side margins be arbitrated strictly by the RWA management committee according to uniform community policies rather than individual complaints.

Advocate Dasari Meher Hemanth LawRato

593 votes

You can explain to the client simply: “If the car parking was clearly mentioned and identified in your cousin’s registered sale deed, his right over that earmarked parking is stronger. The other owner cannot simply occupy it. However, if the two-wheeler parking was only an oral arrangement by the builder and it is not mentioned in the sale deed or any other document, claiming it as an exclusive legal right may be difficult. The other owner may argue that it is a common area. Your cousin should first check the sale deed, sanctioned building plan, parking plan, association records and any written communication from the builder. If there is evidence showing that the particular two-wheeler space was allotted to your cousin, he can give a written notice to the other flat owner and the apartment association asking them not to obstruct his parking space. If the dispute is not resolved, he can consider appropriate civil proceedings for injunction to prevent further interference.”

Advocate Kyrunissa Shaik LawRato