Lalo Shafi Khan and Anr. v. the District Deputy Registrar Coopertative Societies and Ors.

Bombay HC14 Jan 2026WP/437/2026

Case brief

AI extract

What is this about?

Bombay High Court, Writ Petition No.437 of 2026, Amit Borkar J — bungalow purchasers challenged deemed conveyance granted to cooperative housing society over entire land and all bungalows, claiming exclusive rights under their agreements; held proper remedy is a civil suit, not a writ petition, where dispute concerns extent of society's rights, contractual obligations or sanctioned plans; deemed-conveyance authority cannot decide title/plan/contract issues summarily; Veer Tower (2023 SCC OnLine Bom 324) followed; all contentions kept open; writ petition disposed.

What did the court decide?

Writ petition disposed of with liberty to the petitioners to raise all contentions before the civil court. ¶¶24

Lalo Shafi Khan and Anr. vs the District Deputy Registrar Coopertative Societies and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the petitioners to raise all contentions before the civil court.

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Issue for consideration

Whether the impugned order granting deemed conveyance to the society over the entire land and all bungalows takes away the petitioners' rights over their respective bungalows and plots and ought to be set aside. +1 more

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Ratio / Principle

A person who alleges that the society is claiming more than what the contract or sanctioned plan allows must go to the civil court; this is the consistent view of this Court.

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Key takeaways

Questions requiring examination of title documents, sanctioned plans and contractual obligations need evidence and adjudication by a civil court; the statutory mechanism for deemed conveyance cannot decide such issues.ratio¶¶18
Because the petitioners challenge the extent of the society's claim, the proper remedy is a civil suit, which can take evidence and decide whether the petitioners have exclusive rights; the writ court or the deemed-conveyance authority cannot decide this in a summary manner.ratio¶¶19
All contentions of the petitioners are kept open and may be raised before the civil court without restriction.

Detailed headnote1 paragraphs

Deemed conveyance — Purchasers of individual bungalows from a developer challenged the order granting deemed conveyance to the cooperative housing society over the entire land and all bungalows, contending they had exclusive rights over their respective plots under their agreements — Held, following Veer Tower Cooperative Housing Society Ltd. v. District Deputy Registrar, 2023 SCC OnLine Bom 324, where the grievance concerns the extent of the society's rights or conveyance, contractual obligations or sanctioned plans, the proper remedy is a civil suit; the statutory deemed-conveyance mechanism and the writ court cannot decide such issues in a summary manner, as they require evidence and adjudication of title documents, sanctioned plans and contractual obligations — Writ petition disposed of; all contentions kept open for the civil court (Amit Borkar, J.).

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11-wp437-2026.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.437 OF 2026

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Lalo Shafi Khan & Anr. … Petitioners V/s. The District Deputy Registrar, Cooperative Societies & Ors. … Respondents

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ATUL GANESH KULKARNI

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Digitally signed by ATUL GANESH KULKARNI Date: 2026.01.19 16:53:08 +0530

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Mr. Rajendra Mishra with Mr. Akshay Kalbande for the petitioners.

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Dr. Dhruti Kapadia, AGP for respondent Nos.1 and 2- State.

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Mr. Rohit Sakhadeo for respondent No.4.

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Mr. D.R. Singh i/by R.B. Singh & Associates for respondent No.5.

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CORAM : AMIT BORKAR, J.

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DATED : JANUARY 19, 2026

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P.C.:

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The petitioners contend they bought individual bungalows from a developer. They contend the developer sold each petitioner a separate bungalow and the land under it. They contend this transfer gives them full rights over their respective plots. They contend the impugned order grants deemed conveyance to the society over the entire land and all bungalows. They contend this order takes away their rights. They seek to set aside the impugned order for this reason. This submission is based on their agreements and the documents showing transfer of possession.

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11-wp437-2026.doc

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The law on this point is settled. In Veer Tower Cooperative Housing Society Limited vs District Deputy Registrar, Cooperative Societies, Mumbai City (4) and others, 2023 SCC OnLine Bom 324, this Court held that a promoter or a person claiming through the promoter must file a civil suit if the grievance is about the extent of the society’s rights or conveyance. The Court noted that a writ petition is not the proper remedy when the dispute concerns contractual obligations or sanctioned plans. The Court also noted that in disputes about phased development or formation of separate societies, the civil court must decide the matter. The consistent view of this Court is that a person who alleges that the society is claiming more than what the contract or sanctioned plan allows must go to the civil court. The statutory mechanism for deemed conveyance cannot decide such issues. This principle applies to the present case because the petitioners contend the society has no right over their bungalows and land. This requires examination of title documents, sanctioned plans, and contractual obligations. Such questions need evidence and adjudication by a civil court.

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In view of the above legal position, and because the petitioners challenge the extent of the society’s claim, the proper remedy is a civil suit. The civil court can take evidence. The civil court can decide whether the petitioners have exclusive rights. The writ court or the authority for deemed conveyance cannot do this in a summary manner.

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