Parking slots form part of common area for benefit of all co owners
You have not mentioned how many parking slots are available
Stilt parking rights of persons having share in the building
We are 3brothers, we had constructed a property on our plot 280yard in which we had equal rights ( basement + stilt + 4 floors ) One brother had taken the ground floor and other 3 floors we sold separately ( mutually agreed ). Basement plan is approved by MCD in which we had made three different halls and divided among us mutually. Top floor we had sold separately without roof right. Our property is on Mixed Land Use & I have consultancy office in Basement. Now Iam having 33% ownership of basement & 67%owner of roof. So iam using stilt car park for parking my one car.., but my brother who is living on ground floor is objecting, what should i do..?
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
Ground & First floor mentioned 25% percent parking slot in each registry whereas 3rd & 4th floor having 2cars & 1bike each in registry. Total capacity of parking is atleast 10cars
Asked 3 years ago
Since there are 3 co owners and 10 parking slots you have right to park your car in stilt car parking slots
As there is ample parking space in the society, your brother cannot restrain you from using the car parking for your own personal use.
You can get a legal notice issued to your brother for the same.
If you have ownership of that parking land too he can't object. Otherwise you need to move court seeking injunction if both of you don't have clarity
- As per Supreme Court , promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners.
- Further, as per law, A Flat is defined as a separate and self-contained set of premises used for residence, or office, show-room or shop or go-down or for carrying on any industry or business within a larger building and fully separated from the common area of the building, and further a stilt parking space is also common area, hence none having right to sell the slit parking with the flat legally.
- Further, when a person occupied a flat /shop/office in any building, then technically he having his right over the two things i.e. the constructed part where he is residing or running his business/office from a shop and the second thing is proportionate share of the land on which the property is built, and this share of land is termed as undivided land share or UDS.
- Further, being the owner of any part of the building including the undivided land share, the said person having his right over all the common area of the building including the parking space available in the building, and hence every independent owner of any portion of the building is having his individual right over the parking space, and none of the individual owner can claimed more than one parking slot.
- Further, as per Delhi High Court direction, none of the flat owner can claim more than one parking slot, and is entitled for only one parking slot in the building.
- Further, as per direction of the bench of Chief Justice Dipankar Datta and Justice GS Kulkarni of Bombay High Court, The families owning only one flat cannot be allowed to park their four or five cars in the building when there is no slot available for others.
- Since through a family settlement, you three brothers being the joint owner of the property constructed and sold three floors amicably, and further your said brother had taken the ground floor and 33% portion of the basement which is dully approved by the MCD came into your possession, and further you having 67% ownership on the roof of the top floor, then by this way your right in the building remained intact and thereby you have right in the undivided land share accordingly in the ratio occupied by you .
- Further, as the said building is also having stilt parking space for its inhabitants, then being the proportionate owner of the roof and basement and further running a consultancy office from the said basement you having your independent right to park your vehicle in the stilt parking legally, and objection by your brother is against the law of the land.
- You can take legal action against him accordingly , however you are suggested to amicably settle the dispute being brothers.
- Further , if there is no fruitful result then you can file a suit against him before the court for restraining him from creating trouble to park your vehicle.
What was the terms of the agreement with regard to the sharing of the common areas available in the complex.
Just by owning the ground floor, your brother cannot become the owner of the entire ground floor space which includes common area, especially parking space, which is common to all the inhabitants of the entire complex as per the terms of agreement among the siblings and as per the terms of the sale deed to the the owners of other floors.
You can first issue a legal notice to your brother instructing him to refrain from objecting you to use the car parking space since you also have a right to park your vehicle ion the common area meant for car parking, provided he is not willing for an amicable settlement.
Subsequently you may file a suit for mandatory injunction restraining your brother from obstructing your usage of the car parking space to what you are entitled as per the mutually agreed terms of partition among yourselves.
If your brother is objecting or obstructing your parking space, you can approach court with a suit for permanent injunction against your brother to restrain him from indulging in such illegal activities.
Dear Sir,
1.stilt and open parking area would be considered as Common area.
2. you can park your car in the stilt parking.
3. you can reach out to the housing society in case ofany misunderstanding of the by-laws of the society and amicably settle the dispute.
Thank You!
