Legal Question in Real Estate Law in India

we are staying in a big apartment of 360 flats in saligram,chennai.covered car park was mentioned in the agreement. most got covered car parks single/double.some did not get even single cover car park. when the flat was ready,the open car park issue came up. promoter appealed to the members and the association which was in the formation to consider allotment of one open car park to each of members who do not have any covered car park. we all agreed for the same. after alloting the above, still 70 open car parks were available for common use. by this time association was formed and we were in the impression that remaining open car parks will be alloteed to members on the basis of lottery or rent on equitable basis. one day association informed that promoter has allotted open car parks to some members(50) and only few open car parks(15) are left out for association control which would be alloted to interested members by lottery.

pl advise


Asked on 6/17/11, 1:09 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

You need to check rules and regulations applicable in the state of Tamil Nadu on this issue.

In Maharashtra, according to a recent supreme court judgment delivered by Justice R.M.Lodha, promoter has no power or authority to allot any type of car parking areas.

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Answered on 6/17/11, 3:59 am
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

IT IS DEPEND UPON THE RULES OF SOCIETY

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Answered on 6/17/11, 8:16 am


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