Parking rights to a terrace
Nitin
(Querist) 10 January 2012
This query is : Resolved
I have brought a terrace in GK1 and the building has GR/FIRST?SECOND floor constructed and occupied. i have purchased the terrace from the owner who is living at the SECOND FLOOR of the building.
I am not owning any FLOORs in the building but can i have a CAR parking right in the driveway of the buildingc since i own a terrace now?
V R SHROFF
(Expert) 10 January 2012
Owner sold you?
There is no Society or any statutory Body, Who manage, pay to watchman, security water passage light?
As you are authorized to visit, use and occupy a premises, for visiting you have to use a vehicle, so according to me, you are entitled to CAR PARKING, on payment of their normal charges for car parking to other owners. and
ajay sethi
(Expert) 10 January 2012
where is this property? in mumbai builder cannot sell terrace . what are the terms of agreement entered inot with the owner?
Deepak Nair
(Expert) 10 January 2012
So many details requierd to answer this query.
Normally, parking rights are included in the agreement. what your agreement says??
Rajeev Kumar
(Expert) 10 January 2012
After seeing the agreement only apporopiate answer can be given
Nitin
(Querist) 10 January 2012
adding in more details:
1.The property is in New delhi.
2.I have not registered the agreement yet and wanted to understand if i can ask the owner to let me have a CAR PARKING RIGHTS.
3.Will i need to have a NOC from the other GR FL/FF owner?
4. This is not a society or anything - but BUILDER FLOOR sold to individuals and water and other things are managed by the currently owner but no mandatory monthly maintainance is paid.
Devajyoti Barman
(Expert) 10 January 2012
Is the builder entitled to sell the terrace as in WB unless it is specifically mentioned in the respective sale deeds whereby the builder reserves his right over terrace, he can not sell it.
If in your case the builder had title over the terrace to sell it then you have the right to use the common passage without causing hindrance to others.
ajay sethi
(Expert) 10 January 2012
what does your agreement mention about parking . yo have not answered our query . register your agreement . are there enough parking slots avilable . what has owner done in respect of other units ? has he given them a parking slot each .
Nitin
(Querist) 10 January 2012
my agreement is not registered yet but i have asked the seller to include a clause to allow me parking in the DRIVEWAY of the building.
Currently GF has 2 CAR PARKINGS FF has 2 CAR PARKINGS and SF has 2 CAR PARKINGs. I am asking for 1.
DRIVEWAY , i dont think can accomodate more than 5 today.
Raj Kumar Makkad
(Expert) 11 January 2012
As there is no society nor can it be and individual registration of respective shares/portions has been made by owner so there is no law prohibiting him to sell you even terrace (though otherwise it is illegal being a common use space for all residents of building). As he is registering a separate agreement with you, the owner is the exclusive authority to permit for the parking as no other has any say therein if the space therein is available to admit you.
Deepak Nair
(Expert) 11 January 2012
Apart from legal aspects, since all the parking slots are alloted to the occupants of different floors and no slots remain now, then what is the point in asking for a slot??
The agreement by which the terace is sold itself seems to be illegal.
I would suggest to consult a lawyer in your locality who is conversant with the law of your state.
