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less car parking area does builder has authority to allot to anyone


11-Jan-2023 (In Property Law)

my apartment is G+2 of plot area is 222sq.yards, in stilt half of the plot area was constructed a residential flat remaining half has been allotted to car parking for 3 flats out of 6flats, as per the drawing stilt floor nt empty ,as per the approved municipality drawing stilt also showing two flat, then where is the car parking space for 6 flats, because the shortage of car parking can the builder sell the available parking area only to 3 flats out 6?if yes what about car parking for remaining 3 flats ? how municipality given approved construction flats in stilt floor?

Answers (2)

Answer #1
788 votes
Hi
First check whether the construction is per originally approved municipal plan. Normally no constructions are permitted in Stilt Floor when plans are originally approved. However in name of regularisation, we are seeing Municipal authorities ignoring building rules and regularising the building plans . Actually if your builder has constructed illegal construction in stilt, then many people think, they have lost parking. but actual loss is not limited to parking, but flat owners loose their extent of share in Undivided share of land and also the terrace rights also get diminished. So you need to check with your municipal authority.
Answer #2
973 votes
go through your sale deed first. in terms and condition builder might have mentioned about flat space and parking space ,terrace rights.in case you have no parking space and there is no mention about it then you can file a suit in case it have mention about it earlier that is when you have purchased then you have less scope .go through your documents and get back to me so that we can decide what can be done

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