Browsing Tag

Bombay High Court

142 posts
The Bombay High Court on March 6, 2026, dismissed a petition alleging a co-op society's voters' list ballooned from 23 to 61 members, ruling petitioners ignored the objection remedy and that factual disputes require evidence, not writ jurisdiction.

Bombay High Court: Tenancy Land Cannot Be Given by Will, Goes Back to Husband’s Family

The Bombay High Court has held that agricultural land purchased under tenancy laws cannot be bequeathed by Will within the statutory restriction period and must revert to the husband’s heirs when inherited by a widow who dies without children.
Calling it a “sad reality”, the Bombay High Court has granted interim protection to a Worli-based BDD Chawl family living for nearly four decades in a tenement officially marked as a common bathroom, ordering a site inspection and halting any coercive action amid MHADA’s redevelopment drive.

“Bathroom on Paper, Home for 40 Years”: Bombay High Court Steps In to Protect BDD Chawl Family

Calling it a “sad reality”, the Bombay High Court has granted interim protection to a Worli-based BDD Chawl family living for nearly four decades in a tenement officially marked as a common bathroom, ordering a site inspection and halting any coercive action amid MHADA’s redevelopment drive.
In a blow to the original developer, the Bombay High Court has dismissed Sunshine Builders' petition, mandating a ₹125 crore deposit to appeal the DRT's refusal to allow late amendments challenging a 2019 SARFAESI auction. With construction advanced and third-party rights crystallised under Lodha Developers, the court prioritised statutory pre-deposit rules and equities over the builder's claims.

Bought a Flat in Bank Auction? You Must Clear Past Society Dues to Become a Member

Buying a flat in a bank auction may not be a clean deal after all. In a key judgment involving a posh South Mumbai housing society, the Bombay High Court has ruled that auction buyers must clear pending society dues of previous owners before being granted membership.
The Bombay High Court on March 6, 2026, dismissed a petition alleging a co-op society's voters' list ballooned from 23 to 61 members, ruling petitioners ignored the objection remedy and that factual disputes require evidence, not writ jurisdiction.

Bombay High Court Limits Registrar’s Role – Complex Housing Society Disputes Must Go to Proper Forums

The Bombay High Court has limited the Registrar’s powers in cooperative housing disputes, ruling that complex issues like succession and document validity must be handled by courts, not administrative bodies. In quashing a 2018 order substituting a member’s name, the court restored the status quo in a decades-old case, highlighting jurisdictional overreach.
After two decades of legal battle, the Bombay High Court has ordered the vacation of three shops on a prime 450 sq yard open plot in Bandra, ruling that occupants inducted by the original lessee have no independent right once the head tenancy is terminated.

Homebuyers – Not Builders – Decide Whether a Society or Condominium Will Be Formed

In a landmark ruling, the Bombay High Court has held that builders cannot unilaterally decide whether a housing project will be a condominium or a cooperative society, reaffirming that homebuyers’ statutory rights prevail over developer discretion.