I built a four-storey building with a stilt floor. I sold one floor, including one car parking space in the common stilt floor area. Now, I want to divide the stilt floor into two sections – one for parking in the front and the other for a room and bathroom for my personal use in the back. Is this legally permissible? The owner of the other floor says the entire stilt floor is common parking, but I told him he only has one parking space allotted, and the rest is mine to use. I want to use half the area for parking and the other half for my own space. What are my legal options?

Apni Law
Apni Law
Law Forum › Category: Property › I built a four-storey building with a stilt floor. I sold one floor, including one car parking space in the common stilt floor area. Now, I want to divide the stilt floor into two sections – one for parking in the front and the other for a room and bathroom for my personal use in the back. Is this legally permissible? The owner of the other floor says the entire stilt floor is common parking, but I told him he only has one parking space allotted, and the rest is mine to use. I want to use half the area for parking and the other half for my own space. What are my legal options?
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Apni Law Staff asked 1 year ago

I built a four-storey building with a stilt floor. I sold one floor, including one car parking space in the common stilt floor area. Now, I want to divide the stilt floor into two sections – one for parking in the front and the other for a room and bathroom for my personal use in the back. Is this legally permissible? The owner of the other floor says the entire stilt floor is common parking, but I told him he only has one parking space allotted, and the rest is mine to use. I want to use half the area for parking and the other half for my own space. What are my legal options?

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Best Answer

Apni Law Staff answered 1 year ago

As per the Indian Real Estate (Regulation and Development) Act, 2016, any common area, including the stilt floor, should be used for the common benefit of all owners. You cannot unilaterally divide the stilt floor and use a portion for your personal use, unless all the owners agree in writing. You need to consult with the other owner and reach a mutually acceptable agreement.

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