Legal Question in Civil Litigation in India

individual societies formed in the same complex with each society building built from the same builders

If builder has sold flat of society A to its sister concern whose parking space is in the premises of society B but the access of parking is only through bldg A.

The sister concern now sells flats of Bldg A to individual members but there is no NOC taken by the sister concern from Bldg B.

The sale of parking is documented in agreement of bldg A

Can bldg B stop access to parking as it is area in the premises of Bldg B


Asked on 12/04/10, 7:26 am

1 Answer from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Sir,

"Usually basic amneties like electricity network, telephonic network, water sources network, drine sources, natural air, ventilations and finally vehicle parking space etc., such should be created by any societies formed under its registration act, and these also questions basic constitutional rights of society at large. Hence this should be mentioned & provided compulsory by the societies promotors, members, objects clause, basic rules clause

formed under said act".

Note that sale of parking place shall not specifically convey the mere sale, but this should be transfered naturally along with the immoveable property whether it is mentioned in an agreement or not this is immaterial, Ok ? And you can redress it through writ of mandamus under article 226 & 227 at your state high court.

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Answered on 12/05/10, 11:16 pm


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