Legal Question in Real Estate Law in India

I bought a flat in Chennai last year.building has 4 car parkings and 6 flats.Builder said that car park is free for all but now he has sold 1 out of four car parking to one flat owner. we are another four flat owners left with two parkings. can we legally take this up? Now last flat in the building is being readied for completion by builder and builder is promising car parking for him.. Builder had POA from the land owner to develop this land which has now been cancelled by the land owner. Now land owner signes all the documents and builder and land owner have only a construction agreement. Now can I purchase a parking? from the land owner or from the builder? or can I take a legal recourse that builder has initially promised free parking? pl advice.


Asked on 8/28/11, 10:39 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Yes you can take a legal recourse against the builder.

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Answered on 8/28/11, 11:31 pm
Shrichand Nahar S.V.Nahar, Advocate

As per 2010 ruling of Supreme Court, sale/allotment of car parking is not permitted by builder. This may be done by common body of purchasers of flats/units.

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Answered on 9/02/11, 2:01 am


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