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Sid Maharashtra (Engineer)     20 March 2018

Misappropriation of my parking by another society

Hello LawyersClubIndia,

I live in a large housing complex in Pune comprising of many buildings. Each building is its own cooperative housing society (CHS). All societies work together under a common APEX body that takes care of common issues like water, backup power, security, etc.

One thing to note (and the issue around my question) is that many flats in this complex have parking in the parking areas of other buildings.

I had puchased a flat in this complex in building A. I have parking in building B. Both building have their own respective registered societies. 

I'm the third owner of my flat

* Builder to owner 1: 2003
* Builder to owner 1 parking allotment letter: 2006
* Owner 1 to owner 2: 2011
* Owner 2 to owner 3 (me): 2012

Suddenly, managing committee (MC) of building B have decided that their own residents face many issues with parking and have unilaterally said that no one who does not live in building B can use the parking there.

I have been parking there everyday since 2013-end when I moved to this flat.

I have the original parking allotment letter to the first owners of my flat, and all other original agreement to sale, sale deeds etc with me.

I would like to understand what legal options do I have? Firstly is building B CHS correct? Can a society simply take over parking areas that are within their building if the builder has given those parking to people residing in other buildings?



Learning

 2 Replies

Kumar Doab (FIN)     20 March 2018

The letter with you can help to defend your interest…

Submit the copy to the society and apex body under proper acknowledgment to provide relief to you.

Sid Maharashtra (Engineer)     21 March 2018

Thank you Kumar. I will come back on how this goes.


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