Parking purchased from builder in another society
I’m a resident of Pune and I live in a society registered under MCSA, 1960. Our society campus has 2 wings: Wing A and Wing B. The builder registered both these wings as separate societies. Before society formation, the builder sold 4 stilt car parking lots (reserved car parking) from Wing A Society to 4 members of Wing B Society. This was sold merely on the basis of parking allotment letter (on builder’s letterhead) against some XYZ price to each of the said 4 members. These transactions were made back in 2007-08 and the said 4 members of Wing B Society have been peacefully using the parking space in Wing A Society since then.
Further, Wing A Society recently got deemed conveyance deed executed from the sub-registrar’s office. Now few members of Wing A Society have filed a complaint with Committee Members (Chairman/ Secretary) of Wing A Society alleging that the aforesaid 4 members of Wing B Society do not hold any legal title in the said parking lots and that, since Wing A Society is now the owner of the land (covering these 4 parking lots), pursuant to the deemed conveyance deed, the Committee Members should take appropriate action against the said 4 members of Wing B Society and acquire the 4 parking lots back in Wing A Society’s possession. The complainants further demand that those 4 parking lots should be auctioned within Wing A Society members so that each interested member gets an equal right/ opportunity to buy these 4 parking lots taken back in possession.
Given the above situation, I have following queries:
1. Do the 4 members of Wing B Society hold any legal title in the said parking lots?
2. Does Wing A Society hold a legal right to claim these parking lots from the members of Wing B Society?
3. What should be the course of action to claim these parking lots – Complaint in Sub-Registrar’s office, Court proceeding etc.?
4. Is Wing A Society liable to pay any amount (or cost borne by 4 members while purchasing the parking lots from the builder) to these 4 members of Wing B Society after securing the possession of these parking lots?
5. If these 4 members are ready to surrender these parking lots to Wing A Society against payment of Rs. XYZ consideration, can Wing A Society pay that amount?
6. If answer to question # 5 above is Yes, then under what head Wing A Society can show this payment in the books of account, as it is Wing A Society’s own property and not any other third party asset which the society is buying?
7. If the 4 members of Wing B Society are ready to surrender these parking lots, which legal instrument should the parties execute for this transaction (e.g. No claim letter, Agreement etc.), with due consideration to the fact that these 4 members do not hold any right to sell these parking lots (as it was never theirs)?
8. After acquiring the parking lots, can Wing A Society conduct an auction and SELL those to its own members or legally it can only provide this on RENTAL basis using a lottery system every year??
I understand I have asked too many queries, but I truly appreciate your time to answer all of these. Please let me know if you need any additional details. Thank you in advance.