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Subir Mitra (Student)     16 May 2023

Neighbor not removing car from designated parking lot space

Hello,

My family recently purchased two additional parking spaces in an apartment complex from the previous owner, Mr. Iyer (name changed). Mr Iyer. also owns a flat in our apartment complex but he lives outside India and his flat as well as the two designated parking spaces (which he just sold to us) have been lying vacant for many years. Before we purchased the parking spaces, there is this person, Mr. Kannan (name changed) who also lives in our apartment complex and occasionally used those two vacant parking spaces (in addition to his own designated parking space). Ever since he came to know that we have purchased the two parking spaces from Mr. Iyer, he is not removing his car. We have requested him multiple times and also told the previous owner, Mr. Iyer, of this nuisance and he has also requested Mr. Kannan to cooperate but to no avail. Every time Mr. Kannan is approached, he gives vague excuses like "after 2 weeks, I will think of removing", "when you get a car, I will remove", etc. which has frustrated us. He has no right over the parking spaces that we have bought and plan to rent out. What to do here? We do not have any housing association /president. Please advise. 



Learning

 4 Replies

Dr J C Vashista (Advocate)     16 May 2023

Legally parking cannot be sold, please be clear. If it has been sold it is illegal and invalid transaction.

 

1 Like

Real Soul.... (LEGAL)     16 May 2023

Just submit application in police and traffic police department with your right to use parking and request them to remove an authorised vehicle parked there in, you have to pay for the charges to them,. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     16 May 2023

If you own two parking spaces for a single flat, even though you say that you purchased it, no legal validity can be inferred from your statement.

If you purchased two flats with two parking spaces allotted to two flats, then you have a claim and can take action to evict the unauthiorised user. 

How did your vendor acquire two parking space, does he have any sale deed for  the purchase of parking spaces separately and did he execute a separate sale deeds for these parking spaces?

You first ascertain the facts and then plan to initiate legal proceedings as per procedures of law.

 

1 Like

Subir Mitra (Student)     16 May 2023

The owner owned 2 parking spaces along with his flat which he still owns. He is in the process of selling everthing (as he lives outside India and these assets have been lying vacant). To start with, he sold off his two parking spaces to us becuase we were looking for additional spaces and we live in the same apartment complex


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