Flat can be purchased when there is case filed?

It is not advisable to purchase a property which is lis pendens (case pending in court).

Flat and parking area is two different matters. You may get clarified accordingly from society and seller.

Suresh

 

Sir, I think the apartment you are supposing to buy is not under litigation. Pl make it sure it is a case filed reagrding parking area and the tilte and other documents of apartment you want to buy are perfect. I think then there should not be any problem in buying the same.

Respected Swaran Rajan Sir, I do not understand why you quote another website instead of replying the query by yourself.  this forum is there to help whoever are in need of help and I dnt think there is any need for them to approach any other website. Is this not against the interest of the forum?

Pls. read the contents of the agreement and find out what is mentioned in it about the common parking area and other such amenities before entering in to purchase. If it forms a part of agreement, you should not buy the flat. If there is no cause pertaining to these common amenities, you flat is free and available for buing. So check it for yourself.

 Unless there is prohibition from the court, you can certainly buy the flat.

You can buy the flat as the ownership of the flats is not disputed.  However, you woud be bound by the court order on parking area.  Think if you can go without parking area, worse come worse, in case the court decides so, If you are aready for that, you may purchase the flat.  

Dear All,

Now also im in same situation [Purchaser].  My doubt is, the registered UDS includes common parking also. Now the vendor going to sell his registered UDS only which is inclusive of some sq ft. of common area. The common area is under case.  Even in this situation can we buy a flat?

Please clarify.

Regards,

Thilak

I don't advice u as the same property is disputed and a case is already pending in the court.

 Only parking area is disputed. You can certainly go ahead and buy the flat which is not in dispute. To my knowledge, Mumbai High Court has given a decision that the builder cannot sell  common parking area to any individual member. Please check on that.