I got my flat registered in 2013 . In the registry , i have been allotted 2 parking slots. One of the slots i was not using . instead i was parking at a temporary slot near the lift lobby ( for convenience) with the consent of the facility maintenance company ( no written document though). Now, this temp. slot has been withdrawn citing blocking of driveway by the new RWA. The facility management company has also got changed. Now , when i decided to park at my original slot ( as per registry) i found that the builder had allotted ( sold) this slot to another resident too. The registry of this other resident has happened AFTER my registry. The RWA has declared this slot disputed even though i have argued that by virtue of getting it registered first , i am the legal owner. The builder is not responding properly. The other resident is also not at fault as such. I wish to claim my parking slot . What steps can i take? Legally what is my position . Need a legal opinion
Dear Client, As per your query, you are the rightful owner of the disputed parking slot as you are registered earlier in 2013, which is superior to the allotment subsequently made to another resident. Section 48 of the Transfer of Property Act, 1882 holds that wherever there are several transfers which cause conflicting claims of title, the first registered title prevails. You should now claim your legal right by issuance of legal notice to the builder and RWA basing it on this provision. If you are not provided the space, you could file a suit for declaration and possession to claim your right over that parking space. Hope this answers your query.
ANS- 1) As you got your flat registered in 2023 & have been allotted 2 parking slots you can use both the parking slots as you are having old registration from the builder.
2) You must have all the original letters of the 2 parking slots allotted to you.
3) As you found that the builder had allotted (sold) this slot to another resident too, its to inform you that the builder cannot sell any kind of parking slots.
4) You are required to send a legal notice to the builder, society, and the new allottee.
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Dear Sir, Your builder cannot sell your parking slot and your RWA cannot prevent you, parking your car in your allotted slot. Please lodge complaint with documents and also get issue a legal notice fillowed by a civil suit.
