1. You had purchased the 2nd parking slot from the owner of the flats before the Society was formed,

2. The Society's rule about the ownership of one parking slot for one flat owner can not be with enacted with retrospective effect,

3. Moreover, if the 2nd parking slot is not treated as your property then who will own it?

4. You have right on the said 2nd parking slot,

5. If you leave its possession to the society what will they do with it? Can they own it or sell it?

6. Society can not own it since it has not purchased it,

7. Send a legal notice to the society informing that you had purchased the said parking slot before the society was formed, so it can not be taken away from you,

8. If they still refuse to accept logic, file a declaratory suit before the Court praying for declaration that you are the title holder of the said 2nd parking slot.

1) since you have purchased flat with 2 car parking slots in 2013 and society has refused to transfer second parking slot to you, ask the seller to refund money you paid for said car parking slot .

2) before purchasing said flat with 2 slots you should have obtained NOC from society .

3) society is correct in saying that each member should have one parking slot .

4) practical solution would be to sell the second car parking slot to any member who does not have any car parking slot .

5) it makes no sense in adopting confrontantist approach with the society

1) you can inform the society that you have no objection to one slot one flat rule but there are no buyers for the said slot .

2) place the ball back in society court . the legal position is once seller has sold the flat he cannot keep any parking slot as rights for parking slot flows from member rights as owner of flat .

3) give an undertaking to the society that you will sell it to any member of society who does not have car parking slot . in the meantime to approve the transfer of flat .

4) in the alternative permit seller to retain the parking slot and he can refund your money paid for 2nd slot

1) Supreme court has held that parking slots form part of common areas and builder has no power to sell the parking slots .

2) in your case the builder had sold 2 flats with 2 parking slots to seller in 1987-88. in other words with each slot there was a parking slot .

3) one flat was sold in 1990 without parking slot as buyer did not want the slot . the mistake society made was it ought to have insisted on sale of slot with the flat . but since the seller had another flat society permitted him to retain 2 parking slots .

4) in 2013 you had purchased flat with 2 slots but society is insisting that only one slot can be sold with the flat .

5) you r option would be to ask seller to refund money for one slot . it is for seller to settle with the society in respect of another slot .

6) once you have submitted all documents for transfer to the society then society is bound to intimate its decision within period of 3 months . if it is not intimated it is deemed to be approved under byelaw 39(c) of model bye laws

thanks for your appreciation