Common area Parking

Querist : Anonymous (Querist) 18 June 2011 This query is : Resolved
Sir,Can promoter sell parking in common area,but he sold the open common area car parking in the Residential complex?Plz suggest us.

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M.Sheik Mohammed Ali (Expert) 18 June 2011
if the builder give any writtenly to use parking area mentioned then you will filed a case either criminal case cheating, breach of trust,and consumer case.

prabhakar singh (Expert) 18 June 2011
"Can promoter sell parking in common area"??

No,he can not.

"but he sold the open common area car parking in the Residential complex?"
Then do not allow buyer to possess,and let him go to court for possession.contest the suit on the ground that builder /developer had no title in common area as it belonged to and vested in society members therefore buyer is not entitled to possession.If police interferes represent that sale is without right and of property of society and society has right to protect the possession of its property.

Ashok Yadav (Expert) 18 June 2011
The builder can not sell the common area as parking it is against law. The buyer/ residents of society can go to challenge it in civil court for permanent injunction on sale of common area,against builder.

PALNITKAR V.V. (Expert) 18 June 2011
I have already answered a similar query. The SC has settled the law in Panchali's case. I have also given the citation.

Sailesh Kumar Shah (Expert) 24 June 2011
The builder has no right to sell 'stilt parking spaces' in civil apeeal no 2544 of 2010, supreme court.

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