Niraj (Job) 19 August 2013

Car paking missing from sale deed

In 2005 i had purchased a flat the construction agreement clearly mentions a Car Park but the same is omitted from the sale deed .Now the builder has sold the same car park to some one else.

Is this legal ? Do i have a chance to take the car park back ?

Can i prove in the court of law that since the sale deed was prepared based on the construction agreement so the car park legally belongs to me ?

Do i have a case against the builder here ?

Can the person who has brought my car parking file a cheating case against the builder who has sold this car parking to him despite the car parking being present in my construction agreement.

The person who has brought the car parking now owns two car parking's and i am left without one.

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3 Replies

2BHelpfull (Other) 20 August 2013

Originally posted by : Niraj
	Hi In 2005 i had purchased a flat the construction agreement clearly mentions a Car Park but the same is omitted from the sale deed .Now the builder has sold the same car park to some one else. Is this legal ? Do i have a chance to take the car park back ? Can i prove in the court of law that since the sale deed was prepared based on the construction agreement so the car park legally belongs to me ? Do i have a case against the builder here ? Can the person who has brought my car parking file a cheating case against the builder who has sold this car parking to him despite the car parking being present in my construction agreement. The person who has brought the car parking now owns two car parking's and i am left without one.

as Per SC judgement .

Builder cannot sell Car parking .

the right has been reserved to society.

Sudhir Kumar, Advocate (Advocate) 20 August 2013

2005?

matter is already barred by limitation

Sudhir Kumar, Advocate (Advocate) 20 August 2013

regardless limitation Whatever was written in agreement, your husband agreed to sign the sale deed and accepted the flat without car parking. You prima-facie have no case against the builder. He has not cheated you.