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Dilshad Merchant   18 December 2020

Vehicle Parking

I am married and live with my parents in my parent's house with my husband and 2 children, in a Parsi Colony. Since the last 30 years the house is under litigation. Now the RAE Appeal stage is going on.
My issue is that I own 3 two wheelers which I park in my colony since i live there. But few days back the Trustees of the Bombay Parsi Panchayat sent me a notice stating that I should remove my vehicles from the colony since I am an 'illegal tenant ' as stated by them in their notice sent to me.
I wish to know:
* Since the litigation is in process and the Verdict is not yet given, can they rightfully or legally call me an 'illegal tenant ' ?
* At this stage, do they have the legal right to remove my vehicles from the colony ?

Please guide me.


Learning

 5 Replies

Ashish dube   18 December 2020

Dear
the house is under litigation not the open space. The open space is used for parking is property of society. Yes , you are one of the society member hence you have equal right as other members for parking your vehicle. kindly note that parking can be done with society by laws and or resolution passed in AGM for the same.
Be a Lion , Fight and Win !
Adv. Ashish Dube

G.L.N. Prasad (Retired employee.)     19 December 2020

You can also move the Appellate Authority, restraining them against using pressure tactics against you.  Your advocate can guide you in sending a suitable reply to the notice.

Kishor Mehta (CEO)     19 December 2020

Since you are a tenant it is necessary for you to ask permission of the landlord to park your vehicles in the compound of the building. 

P. Venu (Advocate)     19 December 2020

You may reply to the Notice highlighting that, in view of the pending litigation, it is perverse to label you an illegal tenant.

Dr J C Vashista (Advocate)     21 December 2020

Repeated at https://www.lawyersclubindia.com/forum/parking-charges-in-society-214356.asp


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