Disposed¶¶30

Lokesh Bhimraj Jain and Anr. v. the Secretary Padmanabh Darshan Coperative Housing Soc. Ltd. and Ors.

Cooperative housing society – Transfer of membership

Bombay HC22 Jan 2025WP/18201/2024

Download

Case brief

AI extract

What is this about?

Bombay High Court (Amit Borkar, J.), common order dated 13 November 2025 in Writ Petitions Nos. 18201 and 18204 of 2024 (Lokesh Bhimraj Jain & Anr.; Sangeeta Bhimraj Jain & Anr. v. The Secretary Padmanabh Darshan Cooperative Housing Society Ltd. & Ors.). Keywords: cooperative housing society membership transfer, registered sale deeds, unregistered document, incomplete chain of title, original member, summary determination of title, declaratory suit, liberty to approach civil court, writ petition disposed.

What did the court decide?

Both petitions disposed of; petitioners granted liberty to file appropriate proceedings for declaration of their title before the competent court. ¶¶30

Lokesh Bhimraj Jain and Anr. vs the Secretary Padmanabh Darshan Coperative Housing Soc. Ltd. and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both petitions disposed of; petitioners granted liberty to file appropriate proceedings for declaration of their title before the competent court.

¶¶30

Issue for consideration

Whether the petitioners, who rely on registered sale deeds but trace their title to a person who neither held membership nor established lawful title, can compel the cooperative housing society to record them as members. +1 more

¶¶25

Court's answer

The society's legal duty to act on the petitioners' registered instruments arises only when the transfer flows directly from a lawful member of the society; that condition does not exist here.

¶¶25

Ratio / Principle

Since the petitioners do not trace their title to the existing member but to a person who never held membership and established no lawful title, the society cannot be compelled to accept their claim.

¶¶25

Key takeaways

Title to immovable property cannot be determined in a summary manner; the petitioners must first establish their title before a competent civil court through proceedings involving proper pleadings, evidence and findings.ratio¶¶29
If the petitioners succeed in civil proceedings establishing their title, the society will have to abide by the court's declaration.ratio¶¶29
This Court has not examined or decided the petitioners' right, title or interest in the property; all such questions remain open and shall be decided by the court approached for declaration of title.

Detailed headnote1 paragraphs

Cooperative housing society – Transfer of membership – Flat purchasers relying on registered sale deeds sought entry of their names in society records; society refused as chain of title was incomplete, the vendor claiming under an unregistered document. Held: a society's duty to honour registered instruments arises only where the transfer flows directly from a lawful member; petitioners traced title to a person who never held membership nor established lawful title, hence the society cannot be compelled to accept their claim. Title to immovable property cannot be determined summarily; petitioners must first establish title before a competent civil court, and if successful the society must abide by the declaration. Petitions disposed of with liberty to seek declaratory relief; the Court expressly left the petitioners' right, title and interest open.

¶1

35-wp-18201-2024 with connected.doc

¶2

Shabnoor

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

WRIT PETITION NO.18201 OF 2024

¶5

SHABNOOR AYUB

¶6

PATHAN

¶7

Digitally signed by SHABNOOR AYUB PATHAN Date: 2025.11.13 18:08:36 +0530

¶8

Lokesh Bhimraj Jain & Anr. … Petitioners V/s. The Secretary Padmanabh Darshan Cooperative Housing Society Ltd. & Ors. … Respondents

¶9

WITH

¶10

WRIT PETITION NO.18204 OF 2024

¶11

Sangeeta Bhimraj Jain & Anr. … Petitioners V/s. The Secretary Padmanabh Darshan Cooperative Housing Society Ltd. & Ors. … Respondents

¶12

Ms. Anusha P. Amin, for the Petitioners.

¶13

Mr. Sachin P. Shetye, for Respondent No.1.

¶14

Mr. Rajesh Kachare a/w Kashvi Ail, for Respondent No.2.

¶15

Mrs. V. S. Nimbalkar, AGP for the State – Respondent No.3.

¶16

CORAM : AMIT BORKAR, J.

¶17

DATED : NOVEMBER 13, 2025

¶18

ORDER.:

¶19

Both petitions raise the same legal issue. A common order is therefore necessary. It avoids conflicting findings.

¶20

The petitioners assert that they purchased the flats from their predecessor in title. They rely on registered sale deeds. On that basis they sought transfer of membership in the cooperative

¶21

¶22

35-wp-18201-2024 with connected.doc

¶23

housing society and requested that their names be entered in the society records. The society declined to act on their request. The reason given was that the chain of title was not complete. One link in the chain from the original member was missing. The society therefore held that it could not record the petitioners as members.

¶24

The petitioners submit that their title stands on the strength of registered documents. They say that the society cannot question their ownership. They contend that once they hold registered instruments, the society has a legal duty to grant membership. The Authorities below did not agree. They found that the petitioners’ vendor had claimed rights on the basis of an unregistered document. An unregistered instrument cannot convey right or title in such a case. If the vendor had no valid title, he could not pass any title to the petitioners. The petitioners’ claim therefore fails at the threshold.

¶25

It is admitted that Respondent No.2 was a member of the society. The membership now stands in the name of an individual partner of Respondent No.2. The petitioners’ plea that the society must follow the registered document holds good only when the transfer flows directly from a lawful member of the society. That is not the case here. The petitioners do not trace their title to the existing member. They trace it to a person who never held membership and who did not establish any lawful title. In such a situation the society cannot be compelled to accept their claim.

¶26

When a dispute of this nature arises, the proper course is clear. The petitioners must first establish their title before a

¶27

¶28

35-wp-18201-2024 with connected.doc

¶29

competent civil court. Title to immovable property cannot be determined in a summary manner. It requires proper pleadings, evidence, and findings. If the petitioners succeed in such proceedings, the society will have to abide by the court’s declaration.

¶30

In view of this legal position, both petitions are disposed of. The petitioners are granted liberty to file appropriate proceedings for declaration of their title. The competent court will examine all issues. It will render its findings strictly in accordance with law.

¶31

Both petitions stand disposed of in these terms.

¶32

For clarity, this Court has not examined or decided the petitioners’ right, title, or interest in the property. All such questions remain open. They shall be decided by the court before whom the petitioners approach for declaration of title.

¶33

(AMIT BORKAR, J.)

¶34

Lokesh Bhimraj Jain and Anr. v. the Secretary Padmanabh Darshan Coperative Housing Soc. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Lokesh Bhimraj Jain and Anr. v. the Secretary Padmanabh Darshan Coperative Housing Soc. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mahatma Phule Co. Operative Credit Society Ltd. vs Mahatma Phule Bhavan Co. Op. Housing Society Ltd.

Sujata Ravindra Kamtam and Anr. vs the Divisional Joint Registrar of Cooperative Societies and Ors.

Gaurav Ajitkumar Patil and Anr. vs Ajitkumar Bhikugonda Patil

Tata Motors Finance Limited vs Anwar Yousf Sayed

Vardhaman Mohanlal Khabiya and Ors. vs Gulab Papabhai Hawaldar and Ors.

Neelkanth Heights Cooperative Housing Soc and Ors. vs Abhinav Real Estate Pvt. Ltd.