A cooperative housing society challenged orders directing it to admit a subsequent purchaser as member under Section 23(2) of the MCS Act, disputing the validity of her registered title document. The court held that title validity cannot be examined in such proceedings and dismissed the petition.
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18-wp-7664-2019.doc
varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7664 OF 2019
Khar Seven Stars Co-operative Housing … Petitioner Society Ltd
vs.
The State of Maharashtra and Ors
… Respondents
Mr. Aditi Naikare i/b. Pradeep J. Thorat, for Petitioner. Mr. P.V. Nelson Rajan, AGP for the State.
CORAM : GAURI GODSE, J. DATED : 3rd APRIL, 2024
P.C. :-
Page no. 1 of 3
18-wp-7664-2019.doc
flat stood in the name of the partnership firm. The document of transfer relied upon by respondent no.4 was executed only by one of the heirs of one of the partners. Hence, the title document relied upon by respondent no.4, was not a valid document. She further submitted that the procedure necessary for applying for admitting the person as a member was not followed. Hence, the impugned orders are not in accordance with the provisions of the MCS Act and the Rules framed thereunder for admitting the subsequent purchaser as a member of the society.
Page no. 2 of 3
18-wp-7664-2019.doc
the subsequent purchaser as a member in accordance with the prescribed procedure under the MCS Act, the Rules framed thereunder and the bye-laws. Even otherwise, all the objections raised on behalf of the petitioner are considered by both authorities. After giving reasons, the order is passed directing the society to admit respondent no.4 as a member of the society.
(GAURI GODSE, J.)
Page no. 3 of 3
1 issue framed by the court
Whether a society can challenge the validity of a registered title document in proceedings under Section 23(2) MCS Act for admission of membership.
1 provisions across 1 enactments
Khar Seven Stars Co-operative Housing Society Ltd
The State of Maharashtra
Respondent No.4
Gauri Godse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
