1.if OC is received for society building, then MOFA will apply to it
2. Under MOFA, the builder is not permitted to sell any parking, stilt or open, to flat buyers
3. parkings form part of common areas which belong to the society
4. if OC is not yet received for building, then RERA will apply
5. Under RERA, the builder can sell parking space to flat buyers
6. Supreme Court has only stated that builder cannot sell car parkings to flat buyers because they form part of common areas of society - that was for a society building governed by MOFA and not RERA - At that time RERA was not even enacted
7. if building comes under MOFA and builder had allotted car parks to buyers then such allotment is at the sole discretion of society - it can either ratify and confirm the allotment made by builder or it can even refuse such allotment and do a fresh allotment
8. mere paying money to builder either under flat sale agreement or under a separate letter, does not confer any title on the buyer in respect of the car park - that is the buyer cannot say that since he paid money to buy the parking, he has exclusive right over it - such deals are done buyers solely at their sole risks - unless the allotment was done by a building to which RERA applies, the buyer cannot claim exclusive ownership over the car park
9. if the society confirms the allotment made by builder by passing a resolution in the general body meeting of society which is confirmed by all society members, then the buyer would get exclusive right over the parking area
10 "2.here also you guys have gave different opinions." - thats not an appropriate way to address lawyers. Kindly avoid using casual language