Results for #park
Legal
#flat#delhi#builder#owner#construction
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
I purchased a new flat in Laxmi Nagar in Delhi about four years ago. The building has nine flats now, three on each floor. The builder has only sold three out of the nine flats. I have multiple questions. Is it legal for the 4th floor owner to expand the construction? Also, do this without he approval of the flat owners. All the flat has car parkings along with the flat but the building only has enough space to park four cars. Also, can the builder sell parking space legally?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the provisions of ownership of Flats Act and several judgments of the Supreme Court, the plans once sanctioned and disclosed to the flat purchasers, cannot be changed without their consent. Similarly, open car parking spaces cannot be sold by the developer and the same is a common aminity for enjoyment of all the flat purchaser.
Society Matters
#shop#society#parking
I have a shop on ground floor and now society has decided to allot fixed parking space in front of my office which would block complete access to my shop and cause inconvenience to our staff and customers. Please Advice
I have a shop on ground floor and now society has decided to allot fixed parking space in front of my office which would block complete access to my shop and cause inconvenience to our staff and customers. Please Advice
Answered on November 08, 2017
You can approach the registrar of societies if resolution by the managing committte is not possible.
Legal
#bungalow#owner#doors#windows#park
Our colony has a 15 ft street and our bungalow lies in the end of the street. Now, the owner of the plot opposite to our street is building a bungalow. They get two sides of the road and are building doors and windows on both the sides. This is blocking our entrances and we are unable to park our cars at our garage next to the main gate as there is a drainage line and there is only 9 feet left. What can we do about this situation?
Our colony has a 15 ft street and our bungalow lies in the end of the street. Now, the owner of the plot opposite to our street is building a bungalow. They get two sides of the road and are building doors and windows on both the sides. This is blocking our entrances and we are unable to park our cars at our garage next to the main gate as there is a drainage line and there is only 9 feet left. What can we do about this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
This question has not been answered
Redevelopment
#parking#builder
If someone who has illegally encroached unsold parking areas, basements or terraces and demands to be compensated through a free space during a redevelopment, how does a builder tackle this situation?
If someone who has illegally encroached unsold parking areas, basements or terraces and demands to be compensated through a free space during a redevelopment, how does a builder tackle this situation?
Answered on November 08, 2017
As this is illegal, we do not entertain such encroachers. However, if they are adamant and they try disrupt the redevelopment, a developer may offer them some area or other consideration on account of the society. It is advisable to tackle this situation internally before going for redevelopment.
Legal
#builder#sell#flat#parking#booked
As per supreme court norms a builder cannot sell a flat with an open parking space. Without knowing this I booked a flat with an open parking space. Please let me know if I should cancel the booking or not.
As per supreme court norms a builder cannot sell a flat with an open parking space. Without knowing this I booked a flat with an open parking space. Please let me know if I should cancel the booking or not.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
The open car parking would belong to the society/ organisation of apartment owners in common and they alone will be entitled to decide as to who gets to use such open car parking space.
Legal
#park#mumbai#oc#land
I want to buy an office in Neelkanth group park near vidyavihar station in Mumbai. They are still waiting for the OC. Do they need a clearance from the ministry of environment for their land that is only 4 acres.
I want to buy an office in Neelkanth group park near vidyavihar station in Mumbai. They are still waiting for the OC. Do they need a clearance from the ministry of environment for their land that is only 4 acres.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the total built-up construction on the property exceeds 20,000 sq. mtrs. then permission from the enviroment ministry would be required.
Legal
#flat#builder#parking#owners#size
I bought a flat in Kolkata in a G+3 building which has 4 flats. The builder has sold a parking space to each of the four flat owners. But the plan originally had only 2 spaces. As it turns out, he has sold the passage as a parking space, and reduced the size of the security room to make room for another parking space. Can we take any action against the builder in this situation?
I bought a flat in Kolkata in a G+3 building which has 4 flats. The builder has sold a parking space to each of the four flat owners. But the plan originally had only 2 spaces. As it turns out, he has sold the passage as a parking space, and reduced the size of the security room to make room for another parking space. Can we take any action against the builder in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, you could initiate action against the Builder by filing complaints before the Municipal Corporation and/or Consumer Forum etc., for taking action against the Builder for flouting the sanctioned plans and making illegal gains.
Legal
#car#park#exchange#deal#parking
I have two apartments, one came with an uncovered car park and one came with a covered car park. Now I want to exchange the car parkings for these flats. How can I go about with this? Both the flats were purchased as a deal with the parking space. Will I have to bare an extra cost for this?
I have two apartments, one came with an uncovered car park and one came with a covered car park. Now I want to exchange the car parkings for these flats. How can I go about with this? Both the flats were purchased as a deal with the parking space. Will I have to bare an extra cost for this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
As per the latest judgments of the Hon'ble Supreme Court, Open car parking spaces cannot be sold and forms part of the common area of the property. As such, you will not be able to transfer the parking spaces between your two flats without the consent of the society and/or organisation of flat purchaser.
