Index ii vs municipal corporation approved plan
Vijay
(Querist) 06 March 2025
This query is : Resolved
Hello Experts,
I have a query regarding a parking issue in my friend's society. My friend has been residing there for 15-18 years, and his builder-allotted parking (165 sq.ft) was part of his registered sale deed. He used this space without any issue until December 2024, when the society committee unilaterally reduced his parking size to 100 sq.ft — without any prior notice, consent, or formal communication.
The committee claims this change is based on the size mentioned in Index II (100 sq.ft). However, my friend presented the municipal-approved plan, which clearly shows 165 sq.ft. Despite this, the committee insists Index II is final.
It’s important to note that a few years ago, the same committee pressured him to sell his parking to the society, offering an alternate space instead. He refused, and since then, there have been multiple indirect efforts to interfere with his parking, but this sudden, unilateral and illegal alteration was unexpected. And most importantly, of all the 25 parking in my society, which are all builder-allotted parking as per sales deed, they have altered only my parking.
Legally, in case of conflict between Index II and the municipal-approved plan, does the municipal plan (reflecting actual physical dimensions) take precedence? How should this situation be addressed?
What is the legal standing in such a case, and how should this be addressed?
T. Kalaiselvan, Advocate
(Expert) 06 March 2025
The index II is not the title document.
The registered sale deed is the only title document.
you may file a suit for mandatory injunction agaisnt the society for repossession of the parking area grabbed from you and permanent injunction restraining the society to not to disturb your possession and enjoyment of your parking space and also a temporary injunction on the same lines restraining the society till the disposal of the suit
kavksatyanarayana
(Expert) 06 March 2025
Yes. You may file a suit for mandatory injection.
Dr. J C Vashista
(Expert) 08 March 2025
I agree with the opinion and advise of learned senior expert Mr. T Kalaiselvan to some extent of the dimensions mentioned therein the sale deed shall be final and binding on all and sundry ( legally termed as "in rem"), which you have right, claim, interest, possession and title. You can refuse to hand over parking slot to Society.
However, sale of parking is illegal and invalid.
P. Venu
(Expert) 16 March 2025
To my knowledge, what is illegal is to sell parking area separately or independently. In the instant case, the parking area is part of the sale deed. Hence the querist can seek relief though a civil action.
Vijay
(Querist) 18 March 2025
Thanks you all for your responses
