1. prior to 1.5.2016 i.e. before enactment of RERA, builders were not permitted to sell car park areas like stilt car parking to flat buyers

2. the car park spaces formed a part of common areas of society

3. it is the society's prerogative to allot the car park spaces to its members considering the total number of flats and car park slots

4. if the car park slots are less than total number of flats then parking is required to be allotted by lottery and by rotation so that every member gets a chance to use the limited car park slots

5. so no one member can claim exclusive ownership rights over the car park slot

6. it is a common area which society can allot as per the resolution passed in accordance with law in the society general body meeting

7. the particular member has no right to stop you from parking your 2 wheeler if there is ample space for parking left after parking his 4 wheeler

8. take the matter with the society and apprise it about the legal condition prior to RERA

9. if society does not respond then complain to the district deputy registrar of co-operative socities

Firstly bring it to notice of the society and ask them to take action against the tenant if they fail approach the local jurisdiction court for injunction restraining the person from using slots allotted to other members of society. If he fails to act even after injunction is granted file an application for contempt before the same court.

Does society have copy of any such agreement on its record

2) call upon tenant to furnish copy of his agreement entered into with builder to society

1) Society is formed than check the agreement between builder and owner, plus tenants and builder. Compare both the documents see the clauses point wise in the deeds. Than you will come to know the difference in it.

Yes, that's why I asked you to check agreement or deeds and compare with each other. So we can come to conclusions and provide the supreme court decision to them.

As said before any such agreement is not binding and is invalid

This is my response to you:

1. Yes you are absolutely right the parking area cannot be sold by the builder;

2. The sale itself is illegal;

3. The parking area is given out by the society by draw of lots and if it has not been done so then it should be rectified;

4. Send a legal notice to the opposite party stating the above reasons;

5. If he does not respond and the society does not rectify it, you can approach the registrar of societies with a formal complaint.

society can set aside allotment of car parking slot made to tenant

2) mention that as per SC judgment builder cannot sell car parking slots

Sir ask the flat owner to produce the copy of agreement even when there is an agreement it is not valid as the parking is part of common area and it cannot be sold the society has power to allot the parking spaces.

So file a representation before society and ask them to allot the parking spaces.

Sir the agreement is not valid in view of Judgement Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. [AIR 2010 SC 3607] the SC has held that the parking forms part of common area the builder already charge for the common area therefore cannot be sold.

https://taxguru.in/corporate-law/parking-spaces-sold-builder.html

Provide society with judgement ask them to take steps vide a legal notice if they refuses file complaint with the registrar of Societies.

A tenant cannot claim ownership, his landlord can very well claim .

However why do you want to park your two wheeler in his parking area.

You cannot force him to allow you to park your two wheeler in the parking space allotted to him.

Dont get into unnecessary problems and strain the relationship with the neighbors

As per Supreme court law which I read somewhere. Selling of stilt parking is absolutely illegal even if there is agreement between builder and tenant. It is fraud on builders part to sell that area. That too without informing or the consent of other society members. What can be done if he shows some agreement paper which no other tenant knows about

Are you referring the flat owner as tenant?

If so you may correct the same, because tenant has no rights in the society's car parking space.

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void.

So, if there are limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spot to ensure no resident enjoys exclusivity. At times, if this is not practiced then the residents claim ownership of the parking spot.