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Legal procedure in case of Dispute on parking in builder floor
31-Dec-2023 (In Civil Law)
Hi, Sir, I have purchased Ist floor with written rightsSof parking of vehicle inside the premises at Ground ,in a builder floor 3 years back. It was a plot of 100 sq yard and builder has build 3 complete flooors and a 2 room set at Ground floor whuch he sell to 4th owner. Since 3 years , ground floor owner always had a quarrel with me regarding parking of my car. He wants me not to park my car inside the premises in the day time on any day , though it does not block his gate or his way. Moreover, in a week generally My car is taken out 6 days and only 1 or 2 day it remains at home. I take it out at 6 am amd comes at 11 pm daily. I even cooperate that if he eash his cloth , i generally take my car out and park ot outside , but still he wants me not to park inside in day as he say it spoils his house look. Plz suggest me what can i do , as he is debarring me ro use my rights . Moreover, there is no support for me from builder , though he knows everything.
Hello Dear,
The ground floor owner has its own premise.
As you have taken the third builder floor alongwith parking that could be challenged.
Bring in mind to the builder as well..if not done in right way surely the consequence could be verse.
Else feel free to contact me.
The ground floor owner has its own premise.
As you have taken the third builder floor alongwith parking that could be challenged.
Bring in mind to the builder as well..if not done in right way surely the consequence could be verse.
Else feel free to contact me.
Helpful?
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Dear Sir,
In this case the builder has no role. This is a case where the Ground floor owner is acting selfish. Please tell him politely that you have the right to use the parking and you have purchased this right. If he does not agree, then send a legal notice to him and tell him clearly that your sale/purchase agreement states clearly that you have the parking right for 24 hours 365 days and therefore the Ground floor owners cannot do anything about it. If he still doesn't agree then you will have to go to court and seek an injunction from court, restraining the ground floor residents from interfering in your parking.
In this case the builder has no role. This is a case where the Ground floor owner is acting selfish. Please tell him politely that you have the right to use the parking and you have purchased this right. If he does not agree, then send a legal notice to him and tell him clearly that your sale/purchase agreement states clearly that you have the parking right for 24 hours 365 days and therefore the Ground floor owners cannot do anything about it. If he still doesn't agree then you will have to go to court and seek an injunction from court, restraining the ground floor residents from interfering in your parking.
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You have written rights from builder, in case of flats builder is responsible of maintenance of necessary service. Your car is taken out for almost time except 1-2 days in a week. Parking your car on ground is your easement right and you can enforce this right from court. You can also contact to builder if he has few rights in this regar and if not, you can file a against builder for misguiding and not to fulfil terms of contract.
Helpful?
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Adv. Narendra Kumar Kashyap
Lucknow | 25+ Answers
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