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No car parking is sanctioned in our cellar by concern authority
04-Jan-2023 (In Civil Law)
Sir, our building was constructed with out proper permission and sold to 15 members (15 flats). In 2012 HMDA sent notice to us that our building was unauthorized. under BRS( Building regularization scheme) 15 members paid same amount and got approval from HMDA (Hyderabad). Now 12 members occupied the cellar and numbered for their car parking. They said the promoter mentioned " with parking " in their sale deed. They did not leave common parking'. The promoters signed in a document that they obey the "ANDHRA PRADESH APARTMENT ACT 1987". But they did not mentioned any "limited common" area in their declaration. In Chapter 3 they mentioned like below NOTE: registration charges, generator, parking, shelves, showcases will be at extra cost. But still today no car parking was sanctioned in our cellar by concern authority. In our sale deed promoter not mentioned parking. What is our right.
Hello Sir,
In your Sale Deed if car parking is not mentioned, then you are not eligible to have car parking in the cellar. The perrson who allotted car parking in the sale deed or through any other document executed they are only eligible for the car parking. If possible to execute one document with builderr in your favour declaring that they allotted car parking to you and mention the boundaries.
In your Sale Deed if car parking is not mentioned, then you are not eligible to have car parking in the cellar. The perrson who allotted car parking in the sale deed or through any other document executed they are only eligible for the car parking. If possible to execute one document with builderr in your favour declaring that they allotted car parking to you and mention the boundaries.
Helpful?
15+
15+
Adv. Geeta Tirandasu
Hyderabad | 100+ Answers
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The promoter has to give some space for undivided Limited common area in the Apartment. You have to verify the sale of deed of those who are claiming parking area. Each apartment owner is entitled to use undivided percentage of common area and facilities. If you are sure that till today no parking area is sanctioned by the concern authority, you have to make a complaint against those who are claiming parking area is theirs and you have every right to use undivided common area
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17+
17+
Adv. P. Sathya Prakash
Warangal | 100+ Answers
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Hi,
Firstly before signing the sale deed have you not checked if the parking is allotted or not permission was granted or not all this things has to be checked or should have taken a legal opinion before the purchase which is not done . However in this regard you can approach the consumer forum against the builder or the civil court against the builder and other members.
Firstly before signing the sale deed have you not checked if the parking is allotted or not permission was granted or not all this things has to be checked or should have taken a legal opinion before the purchase which is not done . However in this regard you can approach the consumer forum against the builder or the civil court against the builder and other members.
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21+
21+
Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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