2 car parks purchased and registered - legality of ownership
Amitha K V Iyengar
(Querist) 06 April 2015
This query is : Resolved
I have bought a flat in mysore in september 2013 from the owner's share. The owner has sold me two car parks with the cost of the flat and the sale deed has been registered as having bought the flat along with 2 covered car parks. There is no drawing of the car parks or the marking of the car parks attached to the sale deed.
Now the flat owners are getting together and saying that we cannot hold 2 car parks and that we have to vacate it with immediate effect. They say the builder has already marked the car parks and we have to use only one such marked car park.The flat owners want to put water tanks in our car park stating that it is part of common area.
How do I save myself from losing the ownership to the car parks? Please guide me ASAP as I am being pressurised to vacate the carparks.
alexander
(Expert) 07 April 2015
Has the RWA/ flat owners' Association given you any notice/order etc. to vacate/abdicate from one car parking.
Since you have a Registered Sales deed with you, you may approach the Civil Court:
(a) for an immediate Injunction on forcibly depriving you of your legally purchased property viz the car parking slot
(b) Not only illegally depriving you of your Car parking but misusing it for parking a water tanker on my car parking slot Water Tanker has nothing in common with a personal cars of the residents
(c) The Water Tanker should be parked in some safe secluded service corner of the Society. As frequent going and coming in the Car parking area of the residents, the Heavy and big Water Tanker, difficult to manoeuvre in small spaces filled with Residents' cars and may cause serious accident. The old and the ladies and the children shall particularly be under constant risk of some untoward and serios mishap.
(c) Request the court to Declare you as the sole Registered owner of the Second Car Parking slot too
The builder must have sold you two car parks only if it was permissible within the Society Rules. Quote that Rule if it is there
Also pl consult your local advocate
Alexander
nom de plume
RAJU O.F.,
(Expert) 07 April 2015
Even if the previous owner had sold two car parks to you, you had to ensure that the seller had ownership right over the two car parks. Unless the said two car parks were part of the previous sale deed, you may not get ownership for two. If as per the rules of owner's association each flat owner is entitled only for one car park, you may get any extra.
Dr J C Vashista
(Expert) 08 April 2015
Show the sale documents to a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 11 April 2015
Consult a lawyer and proceed as per his advise,by producing all the relevant papers before him.
Rajendra K Goyal
(Expert) 11 April 2015
Consult local lawyer and show him all the documents.
