Legal Question in Real Estate Law in India

The Builder is about to contruct the B-Wing in our building society. For this he intends to close are main entrance. He insist that we use the back exit which is not conducive for big car, Ambulance or Fire Brigades. I have the following queries in relation to the entrance and others as well:

1. If the builder is blocking our main entrance, isn't he obliged to make arrangements for a proper alternate entry - exit.

2. The current entrance too is not as per the original plan. Can he make changes to the original plan without the consent of the building society.

3. The first floor of our building is Commercial property for sale. The builderhas blocked a huge amount of space for the parking for those who purchase this commercial property. Isn't he obliged to first fulfil the parking needs of the flat owners. WE have only 2 stilts in the building as parking space. There is no open space for parking either.


Asked on 8/08/09, 6:11 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

The building has not only to conform to the bye laws but also to the contract. It will thus depend upon your mutual contract regarding provision of parking space for flat owners. You must refer to local bye laws in this regard

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Answered on 8/08/09, 6:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. Yes.

2. No.

3. Yes.

You may make appropriate representation to the local authorities of yoru area.

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Answered on 8/08/09, 7:09 am


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