Archive · 19 Jan 2026
Bombay High Court Rules on Housing Society Membership
The Bombay High Court has ruled that a person who buys a flat should be allowed to join the housing society even if there is a money dispute with the builder.
The court said that the society's registrar can't decide who owns the flat but can make sure the society follows the rules.
The court also said that just because there is a court case about money doesn't mean the buyer can't join the society.
The court made these decisions in two different cases, one about a flat in Juhu and another about a shop in Grant Road.
The court told everyone that if they want to argue about who owns the flat, they should go to a civil court.
Bombay High Court restored deemed membership to Digant Parekh in a housing society despite a pending payment dispute with the developer.
The court clarified that the Registrar's role is enforcement, not adjudication, under the Maharashtra Co-operative Societies Act.
Pending civil disputes do not bar flat buyers from obtaining society membership if they have a valid agreement.
The court quashed orders directing a Grant Road society to recognize private parties as shop holders, stating the Registrar cannot decide ownership.
Parties were directed to approach civil courts for resolving ownership and membership disputes.
- Who
- Bombay High Court, Digant Parekh, Akruti Kailash Construction, Wellgroomed Venture, Hubtown Viva
- What
- Bombay High Court restored deemed membership to a flat buyer in a housing society, clarifying the Registrar's powers under the Maharashtra Co-operative Societies Act.
- When
- January 16, 2025
- Where
- Jogeshwari East, Mumbai
- Why
- To resolve disputes over membership eligibility and the Registrar's authority in enforcing society duties.
Developers and Authorities
Flat Buyers and Societies
Membership Eligibility
Developers and Authorities
Developers argue that pending payment disputes should bar membership until resolved.
Flat Buyers and Societies
Flat buyers contend that valid agreements entitle them to membership regardless of pending disputes.
Registrar's Authority
Developers and Authorities
Authorities believe the Registrar can decide ownership and membership issues.
Flat Buyers and Societies
Societies and the court argue that the Registrar's role is enforcement, not adjudication.
- Court
- Bombay High Court
- Petitioner
- Digant Parekh and his HUF
- Developers
- Akruti Kailash Construction and Wellgroomed Venture
- Society
- Hubtown Viva
- Act
- Maharashtra Co-operative Societies Act
- Section
- Section 22(2) and Section 154B-27
- Key Date
- January 16, 2025
- Location
- Jogeshwari East, Mumbai
