Legal Question in Real Estate Law in India

Open Parking

I bought a house in Navi Mumbai. Builder has given the possesion but not handed over the society. I read in the newspaper that builder cannot sell the open parking but my builder is selling the open parking. What steps can I take to avoid him to sell the open parking in the society?


Asked on 11/03/08, 2:05 am

4 Answers from Attorneys

Nasir Butt Nasir Law Associates

Re: Open Parking

Open parking space is supposed to be public utility and cannot be conveyed in any way. Complaint may be lodged before Registrar Co-operative Societies in your area, subject to rules and regulations of the Society. Permanent Injection may be obtained from the competent Court of Law having jurisdiction.

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Answered on 11/03/08, 4:54 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Open Parking

You can approach the Court.

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Answered on 11/04/08, 12:39 am
SARATHI VP VP VPS LAW FIRM

Re: Open Parking

Contact a civil lawyer to file a suit for declaration & permanent injunction and get an interim stay order against the builder.

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Answered on 11/04/08, 5:37 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Open Parking

You may approach the authorities under the Cooperative Societies Act; or approach the Consumer Courts; or file a suit in civil court seeking an injunction. However, before taking any legal steps, you may examine your agreement and bye-laws of the society.

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Answered on 11/03/08, 3:10 am


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