Agreement was made in 1995, between society & builder for development of old chawl in Mumbai.
Builder kept all (selling) rights of parking with them.
Clause was also made to make purchaser of stilt parking, to be made member of society.
I purchased stilt parking from builder, in 1998. At that time (1998),
I was not owner. But my father was owner of flat.
I paid Rs.75,000-. Sale deed was made.
Also paid stamp duty.
In AGM of 2003, resolution was made to transfer of stilt parking on my name.
Share certificate was issued to me.
Conveyance was made around 1998.
After 19 years, (now) a member raised issue on these stilt parking.
His arguments are as follows :
1. Builder has no rights to sell stilt parking, by any of laws & Supreme Court’s verdict.
2. So it is continuous breach of tort. He is taking support of Sec. 22 of Limitation act.
3. So, all 3 possessors of stilt parking have to surrender stilt parking.
My Question : How can I save my possession & membership on stilt parking ?