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Balaji Parthasarathy (Project Resources - Manager)     14 October 2009

Open Car Park - Apartment Complex

I purchased an apartment with UDS duly registered.  The complex contains 20 Apartments including mine.  All 20 Apartments have been sold.

although there are cries from Certain owners, that they are not allotted a  Car Park, it was done diligently by the promoter on the first come first serve basis.

But, one car park is allotted to a person, who doesn't own a flat in the 20 nor have any UDS registered in his name.  Is is legally correct ?  Being the co-owner of the flats, can I question the Promoter for allotting a Car Park to a person who doesn't have any interest / right in the particular property.

Note : The outsider, who was allotted a car park, was the first original owner of the entire land, who gave it for development and he doesn't own a single Sq.Ft. of Undivided Share.

Kindly clarify me and what can I do to restore the Status Quo ?

 



Learning

 4 Replies

R.R. KRISHNAA (Legal Manager)     14 October 2009

At the outset the outsider/original owner of the land might have entered into a joint development agreement to construct the apartment.  There might been an condition that the builder/promoter should allot a space for car parking for the original owner even though the original owner might not own a single flat in the premises.  Assuming facts to be like this (as stated above), certainly the original owner/outsider has the full right to possess a car parking space.  If such be the position you have no right to question the same. 

I stated the above assuming the facts to be so.  You have to go through the agreement between the builder(promoter) and the original owner if any.  Your sale deed alone will not define your rights, a joint development agreement if any persisting will play a major role.

Best regards.
 

krish

 

Suchitra. S (Advocate)     14 October 2009

Balaji sir,

Krishna sir is right in saying that you should go through the agreement between your builder and the land owner. Only your ownership of a flat is not sufficient for questioning about allotment of car parking.

Balaji Parthasarathy (Project Resources - Manager)     14 October 2009

Mr.Krishna / Ms.Suchitra,

I thank you very much for your instant and prompt replies.  I am went through the "Memorandum of Joint Development" between the land owner and the Promoter.  There is no such clause of allottment of car park.

However, in one of the block, on the open terrace, the promoter constructed a pent house (this is not approved by Municipality and a clear deviation) for the land owner and the allotment of Car Park is based on the Unapproved flat.

 

R.R. KRISHNAA (Legal Manager)     14 October 2009

If such be the situation you can consult an advocate and issue a legal notice either in your name or in the name of your apartment association.


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