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Car parking lot in a co-operative housing society

(Querist) 19 March 2013 This query is : Resolved 
I am a resident of a society for last 13 years and using the car parking facility since then. My society is charging me the monthly car parking charges along with my maintenance bill. Some one now turned up informing me that the parking area belongs to him and he has paid certiain amount to the builder for that parking lot. This person is asking me to vacate the parking lot. I would specifically like to know


1) whether such transaction of buying a parking lot from builder is legal?

2) Secondlym this persone was not staying here for last 20 years. In this case whether he still is the owner of the same parking lot?

I would request your guidence on this matter. If someone can help me with supporting documents on the same, I would be highly obliged.
ajay sethi (Expert) 19 March 2013
if person is asking you to vacate car parking slot as he purchased it from builder ask him to produce evidence of the same . copy of agreement with builder for purchase of car parking slot .
R.K Nanda (Expert) 19 March 2013
contact local lawyer.
Adv k . mahesh (Expert) 19 March 2013
at the time of purchase the agreement will contain the details of the car parking and also the area and it is normal practice in every residential building to purchase while purchasing the flat irrespective of his staying in the flat or not he may rent to other person and he does not have car and he may inform association to take the rent on car parking
ajay sethi (Expert) 19 March 2013
querist has disappeared . not bothered to clarify the queires raised .
Sanjeev S Nimbkar (Querist) 19 March 2013
Not Disappeared... Thanks a lot for advise.... Just that I was away whole day from office due to outdoor work... Thanks for your advice... I will certainly ask for the recommended documents frmo the said owner. Will raise a query if any after that.
Raj Kumar Makkad (Expert) 19 March 2013
A parking slot cannot be sold by builder as the same belongs to the society as held by Hon'ble Supreme Court and such spaces solely belong to the society and it has to manage it as per its own rules. As you are paying the rent to the society since a very long time, the claim of other person is not tenable before law and you are not legally liable to vacate.
Devajyoti Barman (Expert) 19 March 2013
adequately advised above.. rest decide on your own.
Sanjeev S Nimbkar (Querist) 20 March 2013
Thanks everyone for your advise. I think I have got enough information to take the appropriate stance. THANKS EVERYONE. I am closing this case.
Raj Kumar Makkad (Expert) 24 March 2013
Most welcome from your side Sanjeev.


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