Legal Question in Real Estate Law in India

Car parking for flat owner

I am flat owner & staying on first floor,at below my flat

shoping complex,at the side of

the shops i can my park after permission of society.Can shopkeeper claim on this place which is open space (i.E open to sky) so pl.Advise me that if society agree to give me permission to park here then is there any right for shopkeeper to oppose to park my car on this place


Asked on 5/25/07, 1:24 pm

2 Answers from Attorneys

Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Car parking for flat owner

YOu cannot park anywhere you like, the car parking slot has been allotted to you in the beginning, if it is not allotted please get the same allotted and park your car, yu cannot park anywhere even if the society approves.

for a shop people come and go, it disturbs the parking slot for the customer and he is not parking permanently, the shop keeper will certainly object to this and probably he will take you to the consumer court or he resort to illegal means by taking off your car tyre air. so approach the society and park your car at the slot allotted to you.

Balasubramanya

Advocate.

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Answered on 5/26/07, 12:05 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Car parking for flat owner

You did not specify whether the builder has allotted these open spaces to the shop owners before handing over property to the Society. This is normally the practice followed in all Resi-Cum-Shopping Schemes where open spaces in front of the shops are allotted to respective shop owners. If there is no such allotments, then society can allot you a parking space in that area.

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Answered on 5/26/07, 3:33 am


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