Can builder keep some part of Car Parking area legally?
Amar
(Querist) 23 April 2011
This query is : Resolved
Hi Experts,
We are facing a strange situation.
The builder floor i have planned to buy is two side open.
There are 4 floors except parking. Ground floor is for parking. So each of the floor owner gets equal right to the car parking.
Builder told us that they'll park his two cars in that parking. although he does not have any flat/floor their.
but now he has built a wall inside the parking and encroached the 1/4th area of the parking. He is refusing to remove that wall.
Only 2 of the 4 floors are sold as of now. Two owners got the registry. but its not written anywhere that builder will keep some space with him from parking area.
Now we are afraid that builder can sell that space to somebody else or open any kind of shop.
Can we challenge the builder? does he has the right to do that since he is selling all of the four floors.
Please suggest.
Best Regards,
Amarjit Singh.
adv. rajeev ( rajoo )
(Expert) 24 April 2011
Builder has no right to do anything in the ground floor because he is not the owner. Tell him to remove the wall which is constructed by encroaching otheriwse demolish it, if he obstructs it tell him to bring the court order. If you are not interested to demolish the wall then approach the court file a mandatory injunction suit against the builder. You will have to wait for the court decesion.
Amar
(Querist) 24 April 2011
But the Plot is on his wife's name and till now out of four only two floors are sold.
should we wait till all of the four floors are sold? He has straightway refused to remove the wall.
Devajyoti Barman
(Expert) 24 April 2011
Yu need not wait any more.
The acts of the builder is not lawful. So you go to the consumer forum and file a complaint u/s 12 of the Act. You can also ask for interim maintenance to retrain the builder from parking his cars till the case is finally heard.
RAJU O.F.,
(Expert) 24 April 2011
You will get right in the parking area only if the sale deed is specifically containing averments, regarding your enjoyment of the parking space.
Guest
(Expert) 24 April 2011
Conditions of the sale deed entered in to by you with the builder are only the criteria and deciding factor, whether the builder has any right to use any space of the building after sale. So, better consult your local lawyer by showing a copy of the sales deed.
Amar
(Querist) 24 April 2011
Thanks Mr. Dhingra.
The registries of two floors do not mention anything about the builder rights on any part of the building.
but i am afraid that he might add that clause to rest of two registries.
Can we challenge on the basis that rest of the sale deeds do not have this clause?
Please suggest.
Best Regards,
Amarjit Singh.
Advocate. Arunagiri
(Expert) 24 April 2011
If your sale deed provides you the car parking also, the builder can not do anything. If the car parking is oral agreement only, you can not demand from the builder.
Amar
(Querist) 24 April 2011
Hi Arungiri,
Builder is not denying from giving parking space.
He's keeping 40 sq yd of parking area ( out of 110 sq yd) with him. our parking was two side open. but since he has constructed wall in parking area. our parking area is divided into 2 sections. he wants to keep one section with him. although its not written anywhere in any sale deed till now that he'll keep some part of parking area with him.
Please suggest. my floor will be registered within 1-2 days. Since other owners has raised a concern with builder. Builder might introduce this clause in my sale deed.
Thank you.
Best Regards,
Amarjit SIngh.
bhushan singh charan
(Expert) 25 April 2011
please get the certified copy of the map of building by local authority and see how much land waskept open for parking. if the land in question fallin the area of mapas parking GO AHEAD and file crminal complain and so also the complain before the local authority to set free parking zone.HOPE FOR BEST
