Legal Question in Real Estate Law in India

Hello everyone,

We have been staying in a society since almost 35 years. There is a family doctor's clinic in our society building since almost 25 years. His wife is a gynaecologist and she also has been practicing in our society in the same clinic.Their daughter is also a doctor who has also married another doctor. Now the young couple have started practicingg in the same clinic with their parents in our society. The problem is that their son-in-law does sonography and due to this almost on an avg 50 patients visit daily.now vehicles of these patients are creating nuisance to us by parking in our space. So the society committee has passed a rule that patients' 4 wheelers not allowed.now the sonographist has done a smart move,he parks his car in any open space he finds in the societyand makes his patients park in his parking space.

1)Is there any parking/society law which can stop this ?

2) Also is there any way we can stop this selfish money making business by the son-in-law's setting up of a sonography clini in the society?

Note : The doctor and his son-in-law each own a flat in the society.

Pls help us in giving a solution.

Thanking In Anticiaption..


Asked on 3/15/13, 9:33 pm

4 Answers from Attorneys

file civil suit

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Answered on 3/16/13, 6:23 am
Jayesh Desai Jayesh Desai

You need to follow the bye laws. You also need to mention in which state or city your Society is located. From the question I understand that you are in Mumbai, if I am wrong please correct.

As per bye laws you can prevent the outside vehicles from coming in and demand that every member parks their respective cars, in their designated slots, other wise you can pass a resolution in General Body and levy a penalty for not adhering to this rule. If any member does not honor the rule you may file complaint with the Dy. Registrar of your ward, for cooperative societies.

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Answered on 3/18/13, 11:09 pm
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

File a complaint against him u/s 133 CrPC to the District Magistrate or the SDM of your Area.

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Answered on 3/23/13, 2:25 am
Shrichand Nahar S.V.Nahar, Advocate

Check bye-laws of the Society and act accordingly.

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Answered on 10/12/13, 12:41 am


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