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.
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.
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.
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.