Q: Some residents in our apartment complex who have not bought any parking space have begun to park their cars in our spaces. And some others are parking two or more cars even though they own only one space. This is causing tremendous inconvenience to the others. Talking to them has not worked. Can we complain to the police or take legal action against them?
Nimesh Sheth, via email
A: If the activities of the residents are causing obstruction and hindrance in the smooth ingress or egress of your parking space, you can lodge a complaint with the police. You could also file a suit for declaration along with injunctions and seek restraining orders upon them.
Q: Apart from the cost, the builders of our upscale complex in Calcutta also charged each buyer six months’ KMC tax, six months’ deposit for the maintenance of the common area, Rs 60,000 as membership deposit for an in-house club and a sinking fund of nearly Rs 50,000. Our registered association is contemplating taking over the club but the builders are not being asked to return any deposit. What legal action can be taken to retrieve the deposits if the association does not stand by us?
A: The West Bengal Building (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993, provides that a promoter shall take steps for the formation of an association of the apartment owners or a co-operative society and he shall join as member in respect of the unsold flats or flats not disposed of by him. If all the flats have been sold and the promoter has handed over charge to the association, then the association will be within its rights in asking for deposits. Since the deposits have been made relating to all the flat owners of the building and the association represents them, you need to address your issues through the association.
Q: My mother has three brothers. My maternal grandparents have died intestate. My uncles have not responded to my mother’s appeal for a division of the property. What are the legal steps to be followed so that my mother gets her share?
Jaideep Varma, Barrackpore, West Bengal
A: Your mother may file a suit for partition before the civil court seeking her share. However, first and foremost, she has to send a notice to her brothers expressing her intention to claim partition.