Legal Question in Real Estate Law in India
Sir, I have purchased a flat on 2nd floor in a scheme with only four flats. Two flats ate 1st floor are with the two owners who constructed it. In my sale deed it is mentioned that "I will not encroach the vacant land in the ground floor and if in future FSI is increased, I will not have the right to claim the share in contsruction. I will have common share in parking at the ground floor and all other amenities in the building".
Now one of the coowner has occupied the front area in the building (around 400 sq. ft) by consructing the two rows of bricks. Due to this, we are not able to park our cars. Does he has any right to do this. If not, what can we do on this. Can we sent the legal notice to him?
Please reply me as early as possible.
Thanking you
Asha
1 Answer from Attorneys
Parking areas can not be enclosed.
You can take appropriate legal recourse.