Right to use allotted parking

It is alloted to you so society cannot acquire, if they tried to acquire file a suit for permanent injunction against the society.

Sir, if at all society wants to sue someone, they have to sue the builder who allotted more parking area in your name for the uniform amount collected. You are at the same status as other flat owners. As you have got the allotment letter, the area mentioned therein belongs to you legally. It is your builder's burden to prove how and why he allotted more space in your favour. You just hold the contention that you are the lawful owner of the allotted area. 

If they try to acquire your area, then file a injunction suit as advised by Rajeev sir.

thanx  Suchitramadam..

thanx rajeevji.

1.  The builder has no right whatsoever to sell  or allot  "Stilt areas or Common spaces"   as parking spaces to anbody who-so-ever.

(refer :  https://www.lawyersclubindia.com/forum/Builders-have-no-right-to-sell-stilt-parking-SC-23569.asp  )

2.  All   non-FSI areas (Stilt, common spaces, gardens, staircases, lobby, etc....)  in the  society  belong to the society and  NEVER  can be owned BY any particular individual.    The society   ALONE  is at liberty to allot parking slots (in yearly rotation basis), BUT again within the parameters of various laws ( BMC Act, Fire Act and so on).   NO ACTION WHATSOEVER CAN LIE AGAINST THE SOCIETY PERTAINING TO  PRE-SOLD STILT PARKING.

3.  Even if the builder as collected money or made an registered agreement for stilt parking spaces,  EVEN THEN  the whole transaction is  "null & void",   since it will be a illegal agreement and violation of the Development Control rules, within the parameters of the BMC Act (atleast in  Mumbai).    An illegal act cannot be legalised by making a registered stamp duty paid registered agreement.

4.   "ONLY FIRST"    Flat owners who have paid for the Stilt parking may visualise their money going up in a smoke  OR  initiate criminal proceedings against the builder for cheating and fraud and further initiate additional proceedings in a Consumer Court.  OF course another best option is to sit aside with a patiala peg and brood.

Keep Smiling .... Hemant Agarwal

but hemantji its not stilt area or common space..its under my building only...then what to do?