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(Guest)

Flat - car parking issue

please advise on the below -

1)a small time builder sells a new flat 15yrs back to party A in pune and its a 1 bedroom- there is no reserved parkng allotmnet /any fee collected for parking..

party A- sells the flat to party B -no mention of reserved car parking as such. just the apartment with common car parking. there is no parking allotment layout/parking number mentioned.

after 5 yrs - party B sells it to Pary C. now Party C claims that she was cheated by party B stating the flat comes with reserverd car parking. Party C want to file criminal case against party B and include party A and builder in the case.

Is party A responsible on any of this act of party B sale to C. can a FIR be registered in this regard against Party A. and on what grounds? or will this be a civil case



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 2 Replies

Kishor Mehta (CEO)     24 November 2017

It all depends on the terms of the registered sale deed, if there is no mention of reserved parking the question of civil or criminal suit does not arise.

P. Venu (Advocate)     24 November 2017

If at all there is a dispute, there could only be a civil action, no criminal case.


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