Car parking issue
Querist :
Anonymous
(Querist) 07 May 2019
This query is : Resolved
This is Rk from Hyderabad.
our apartment consists of 7 flats with only one car parking.
I have purchased a flat on resale in 2015 from Mr.X. and this person Mr.X had actually purchased this in 2004 from builder cum land owner along with one car parking. Builder has allotted the car parking on Rs.50 stamp paper and he did not mention about car parking in "Sale deed".
The same builder/owner had sold one of his unsold flat to Mr.Y in 2016 along with car parking (here he mentioned with one car parking in sale Deed). Mr.Y took loan from bank and he became insolvent and the bank sold this flat to some other person Mr.Z through auction.
Now Mr. Z is saying that car parking belongs to him and not mine as per sale deed in 2016 (link doc) and he occupied the car parking space from May 1st 2019.
I need your advise in this issue.
1. Do i have any legal right on the car parking space as per allotment done on bond paper to me in 2004?
2. I heard that as per supreme court apartments act in 2010, builder should not sell any car parking space. so in this case the person Mr. Y who bought in 2016 transaction also becomes illegal.
3. whom should i approach now, because i do not know the whereabouts of the builder.
4. which lawyer should i approach, type of case that can be filed?, court, etc
please provide some information about this so that i can take necessary action accordingly.
Regards,
RK
Dr J C Vashista
(Expert) 08 May 2019
@ RK,
Answer to your
Q 1 It is not legal.
Q 2 Yes, car parking can not be sold and your information is true and correct.
Q 3 You will have to find out the builder, no one can help you.
Q 4. Find out yourself. You have posted your questions on this platform and you will appreciate the fact that it is not "local" but world wide Therefore, it is impossible for me to help you finding out a lawyer for you in Hyderabad from Delhi.
It would be advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.
Sudhir Kumar, Advocate
(Expert) 08 May 2019
perusal of papers and local examination is necessary for forming any view.
Querist :
Anonymous
(Querist) 08 May 2019
Thanks Vashista Sir for your quick reply. I have few more doubts here, please also let me know :
1. Can I put any civil suit on this issue against builder or present owner of that flat ?
2. Also there is no document saying that there is only one car parking slot available in the apartment and
that too belongs to land owner flat.
3. Is there any chance of getting justice to me in this case?
4. Also for question 2 above, you mentioned that car parking space cannot be sold so in this case the
builder has sold it in 2016 and if that is illegal, will my allotment made on stamp paper becomes void and
legal ?
Appreciate your reply again. Thanks in advance.
Querist :
Anonymous
(Querist) 08 May 2019
typo error duplicate message
Querist :
Anonymous
(Querist) 08 May 2019
typo error duplicate message
