Upgrad LLM

can i buy property when there is case filed


Sir,

I identified a resale flat and decided to buy it.  But from the flat owner i come to know that there is a case filed against on one of the flat owner who is saying car parking is pertains to him only.  When we checked all documents there is no evidence saying parking pertains to him but the vendor who sold the flat to him orally conveyed like car parking pertains to him so he is saying car parking is only for him but in sale deed it has mentioned as common area is 90 sq ft only and nowhere it has mentioned about car parking.  So the legal case is filed for the common area of car parking between that flat owner and other flat owners.

I would like to know when there is such type of case filed in the property can I buy a flat from the plot as the common area is belongs to the vendor who is going to sell his flat to me.

Please help me out.

Regards,

Thilak

 

 
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practicing advocate

The dispute is regarding the car parking>  YOu can purchse the property. You may be impleaded as party to the suit.


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Works In Judicial Department

As there is no dispute regarding the title of the flat, you can buy the flat, but the rights with respect to common area/ car parking area will be subject ot the decision of the Court


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Advocate Chennai. Formerly Civil Judge. Mobile.09444261613

Dear Mr.Thilak,

From the information you have provided, it is seen that there is no dispute with regard to title of the flat. The dispute is with regard to usage of common area. That will not affect the right and title of vendor over the flat. 

Pendancy of such suit/case is not a bar to transfer of flat.

So you can go ahead, subject to verification of title and other legal formalities. 


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hi

this is Mahesh, the dispute is with regard to the parking only but not flat, u can buy the property, but as per parking issue u wont get any right in the parking area


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Practicing Advocate

You can go ahead and buy the flat. However you'll be bound by the decision of the court in respect of the common area of car parking.  When you purchase the flat you can implead yourself as party in the suit.


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Thanks for your prompt reply.

 
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LAWYER HUBLI,KARNATAKA

As stated by Advocate Archana, However you'll be bound by the decision of the court in respect of the common area of car parking. which I feel is right and would be acceptable by one an all 


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Reply   
 

Yes, u can, and with regard to common parking u will have equal share along with iother in such common area ( as ur vendor /flat owner  is already having equal share along with other owners)and moreover as per flat linked documents (ur vendor's title deed) u will get rights over the same. 


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Reply   
 

You may go ahead.  There is no dispute with regard to the title of your vendor over the flat


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