My father bought a builder floor in a building which has total 4 floors. The bottom 2 floors upper ground and 1st floor is owned by a single guy. 2nd floor is owned by some other guy and 3rd floor is owned by my father. The ground floor at the time of purchase had parking space for 4 owners. After some time the 1st floor guy who owned 1st and 2nd both floors illegally constructed a house inside parking occupying half of the space and also rented it. This guy who constructed illegally was before the owner of the land and later he sold 2nd and 3rd floor with roof rights and two small car parking to a property dealer who constructed the floors and sold off 3rd floor with roof rights and one car parking to us. In our GPA we have one car parking written in our papers but the GPA which the property dealer has on his name mentions two small car parking on his name with 2nd and 3rd floor. Now this guy who owns upper ground and 1st floor does not let us park a car (swift dzire) saying it doesn't come under a small car. He asked us to bring a small car and he will let us park. In his own parking he constructed a house and now he is keeping his stuff plus his tenants bikes in our car parking. After I talked to him a few times he let us park the car since I told him we are going to sell this property if we get a buyer and move to Dehradun. Also since I talked to the property dealer he made him to cooperate and let us park the car for 6 months and we cannot park our two wheeler inside if we park the car. Now our real problem is this guy who illegally constructed a house in his own parking is keeping his own 2 bikes and his tenants 1 bike inside plus his own plumbing stuff which occupies another bike parking space. The other car parking space is of the 2nd floor guy who also has one tenant who parks his bike. This guy who owns this 1st and upper ground doesn't own any parking space still he parks all his stuff inside and we who own a car space cannot park even a car because he is asking for a small car. He hasn't defined any dimensions of a small car in the papers. How can he not let us park our car? Please suggest a solution to us over this matter.
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Lawyers are available now to answer your questions.
1) file suit and seek court orders to direct the flat owner to vacate your car parking slot as you don't have any other car parking space
2) court will issue permanent injunction restraining flat owner from disturbing your possession of car parking slot
3). Contact a local lawyer
1.If the open sapce is menat for parking space then allthe falt owners have equal rights over it.
2.So none of you can use anything extra space than the one to which he is entitled.
3.if anyone is using more than his share depriving the other, the deprived one can file a suit for partition for claiming his share.
4.So Act accordingly.
You have a right to park your car inside ... The house that he has build , you can approach civil court and file a suit for permanent injunction to get it removed..
You can file a suit with this respect if someone is using the area that has not been allotted to hi, also you may approach the co-operative society of the building to take some steps. You can anyways file a suit for permanent injunctions.
Regards
How much time it usually takes to fight such a case in court?
Disposal would depend upon pendency of cases in trial court
It may take 12-18 months
8-10 years
First of all you should understand that the GPA is not the title deed hence any legal fight in the name of GPA deed is not maintainable.
However you can first issue a legal notice to the unauthorised occupiers in the parking slot allotted to yo an also can make sure that your movements are not obstructed by them.
If they indulge in any such activity you may file a permanent injunction suit against them from restraining them with interfering into your affairs/business.
How much time it usually takes to fight such a case in court?
It may take minimum two years to solve such disputes