Legal Question in Real Estate Law in India

We have purchased 2 Covered Garage in Multi-story building complex at kolkata -kankurgachi area From the large promoter Akshra Group & registered the same favour our name.

We are not the flat owner of this complex just own this 2 garage space . Now 3-4 person from Flat owner Association FORCEFULLY not allowing us to park our vehicle at our legally owned space they say they using this space for free for Visitors Car parking & they wont allow me as a outsider of complex to park our vehicle inside the complex as we don�t own a flat inside the complex. We have paid 4 lacs per garage to The promoter & spent 60 thousand for Registry of the same but cannot use our legally owned space. Present Market Value of Court 8 lacs per garage. They wont buy this space from us & wont allow us to use it �.

The 25 flat owners are united & enjoying the space owned by us .. I feel so helpless ... The promoter asking me to go to local Police station ....

What should I do , I am very confused ?? Pl. help me in this regard I will be very greatful to you �

My best wishes.

Rohit Narsaria


Asked on 11/15/13, 12:45 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Dear Mr. Narsaria:

You were to see as to who has the right to these Garages before buying them. Prima facie, it is the resident of the area who would have a pre-emptive right. Moreover, it will also depend upon the contract which the promoter signed with the flat owners as to provision of the garage. one need to examine that contract also.

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Answered on 11/15/13, 12:55 am


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