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We, a total of 6 members, had jointly purchased an 1850 sq.ft. plot in Pune eight years ago and constructed a residential apartment consisting of 6 flats on it. The building has 4 floors, with 2 flats on each floor except the ground floor. The ground floor is designated as covered car parking for all of us. Each member is the owner of one flat and has an equal share in the covered parking area. Due to unavoidable circumstances, I and two other members do not reside in our respective flats and have rented them out to tenants. The remaining three members, who reside permanently in their flats with their families, regularly create nuisance for our tenants regarding car parking and threaten them by saying that they will not be allowed to use the parking space. My queries are given below :- 1. Are these people not creating unnecessary problems for the tenants? 2. Can we file a legal suit regarding the car parking issue? 3. Can we obtain a stay order from the court for the parking area until the final partition order?
Yes, they are causing unwarranted trouble. You can file a civil suit asserting your parking rights and seek an injunction (stay order) to restrain interference until final partition or resolution. Submit ownership proof, tenant agreements, and evidence of harassment. Approach a civil court through a lawyer for immediate relief and long-term protection of your rights. For further legal assistance, contact our helpline.