quesCar parking

We live in a standalone building complex having six residential flats in total. As per the building sanction plan, there are 3 garage spaces. I am one of the persons who bought the 3rd garage space while buying the flat at a later date. The balance 2 garage spaces were bought by two flat owners, who had bought the flats at an earlier date.

However, the promoter has sold an additional garage space (one in number) to a flat-owner, who bought the sixth flat at our complex at last. We feel that the promoter had fraudulently sold a 4th garage space to the flat-owner who had bought the 6th flat lastly. Is there any law which can curb the parking rights for the car of the person who had bought the flat at last, i.e. 6th Flat along with the 4th garage space?

  • ansIn the wake of the Supreme Court ruling the builders have no authority of law to sell any open space. Parking area being a common area is an open space which is beyond the selling power of the builder. You may challenge before the court the sale of the 4th garage to this person, but on this premise the sixth flat owner can also challenge the sale of parking space to you. So you will lose more than you gain.

  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only

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