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Illegal sell and construction of common space what action possible


31-Oct-2023 (In Property Law)
I have purchased a flat in a society of 40 flats 2 years back, we have got lot of common space available under the first floor of the building which has been used as stilt parking. However the stilt space have been sold by the Promoter to few flat owners in the society, and rest said to be given to old owners of the land there are 9 owners all brothers and they have covered up the whole lots of stilt space with iron gate so that no one else can use it. Now I have several questions regarding above, 1. Do the Promoter have right to sell stilt space as Parking? I have read several similar cases and according to Supreme Court a Promoter don't OWN any space except FLAT, so he can't sell the space for Parking its a common space/area to be used and owned by all the flat members, Right? 2. Do the previous Land owners have right to cover up allocated stilt parking? 3. I didn't get any Parking space, how can I get Parking?
Answers (1)

Answer #1
931 votes
First of all read your agreement carefully you will get most of your answers therein secondly if you get the answers you can sue the promoter in appropriate court of law to enforce your rights and if you have further problems then you better come to a lawyer with all Your relevant papers and documents.

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