Garage
Querist :
Anonymous
(Querist) 16 February 2011
This query is : Resolved
I'm planning to purchase a shop in the ground floor of a flat being constructed after demolition of a house where I was a tenant for a similar shop room.I want a parking space for my personal four wheeler at least for the time my shop will be open.Promoter is demanding extra money for giving me open parking.My questions are:-
1.As per Supreme Court judgement,do I get automatic parking rights with purchase of shop or flat in same building?
2.Does the promoter have legal rights to sell the garage/open parking separately or as a package alongwith sale of a shop or flat?
Devajyoti Barman
(Expert) 16 February 2011
1. You are wrongly informed about the supreme court decision. It has not told to get the parking at free of cost.
2.Yes he can and you have to pay separate amount for the parking space.
Querist :
Anonymous
(Querist) 21 February 2011
Dear Mr Barman
As per West Bengal Apartment Ownership Act 1972 and amendments 1976,1992,1996,1997, parking area is clearly included in common areas and facilities.It is the same in Maharashtra laws(MOFA 1964 and MAOA 1970).This position has been reaffirmed by Supreme court vide its verdict in civil appeal no:2544 of 2010.Please check these out and then give your considered opinion as to the correct legal position.Thank you
