Stilt floor parking for all floors and one hall at the back

984 votes

If the back hall is clearly demarcated, retained, and not part of common areas in sale deeds → your father has a strong case. If documents are ambiguous or the area is treated as common in practice → dispute may arise. You may consider filing a suit for declaration and permanent injunction to protect possession and restrain other owners from interfering, along with relying on all title documents. A detailed document review is essential before taking final legal action. you can contact me for minimum fees.

Advocate Madhvi Chopra LawRato

620 votes

Can you share the documents you show what is the situation and what happened to understand better since issue is we need to understand the collaboration agreement. Upon sharing we may discuss further.

Advocate Parth Chaturvedi LawRato

612 votes

you can file a civil suit for claiming this area for common use and builders have no right to sell the said area its totally unfair and breach of contract you can go through proper legal action against him

Advocate Sakshi Mishra LawRato

616 votes

no they cannot claim the back portion if it is in violation of the sale deed My advice is to put a wall on your portion and segregate that portion from the remaining stilt parking. should you have any queries please feel free to contact me

Advocate Kunal Seth LawRato

898 votes

Your matter depends on the distinction between ownership documents and the sanctioned building plan. Legally, ownership is determined by the registered collaboration agreement and sale deeds, whereas the sanctioned plan mainly governs usage and compliance. In your case, since your father has clearly retained the ground floor and the back portion of the stilt area under the collaboration agreement, that portion remains his exclusive property, provided this is properly reflected in the title documents. The other floor owners can only claim rights over areas specifically mentioned as common in their respective sale deeds or areas which are inherently common such as staircase, passage, etc. The fact that the MCD sanctioned plan shows the entire stilt as parking may create some complication, as authorities and courts sometimes treat stilt parking as a common utility area. However, this does not automatically confer ownership rights on other flat owners unless their sale deeds specifically grant such rights. Your position remains strong if the collaboration agreement and sale deeds clearly demarcate and reserve the back portion in your father’s favour, and if the other buyers’ documents do not include rights over that portion. At the same time, other owners may try to argue that the entire stilt area should be treated as common due to the sanctioned plan. This can lead to a dispute involving both title rights and regulatory compliance. You should review all sale deeds carefully, ensure that the retained portion is clearly defined, and if there is interference, you may issue a legal notice and, if necessary, seek protection through a suit for injunction and declaration. In summary, the other owners cannot claim the back portion merely on the basis of the sanctioned plan, but clarity of documents will be crucial in defending your rights.

Advocate Yuganshu Sharma LawRato