Justice Amit Borkar, delivering the judgment, upheld concurrent findings of the Registrar and the Divisional Joint Registrar that Sippy, as the nominee and legal heir of his late mother, Katy Sippy, is entitled to the membership linked to Unit B-1, a basement premises in the building.

Background of the Dispute

The building—constructed in 1963—contains a basement and nine floors. Unit B-1 was purchased by Sippy’s father, Gopal H. Sippy, in 1963. He was admitted as a society member and, upon his death, the membership shifted to his wife, Katy Sippy, based on nomination. She, in turn, nominated her son Ramesh Sippy before her death in 2007.

Despite seven applications between 2016 and 2021, the society repeatedly failed to grant him full membership, arguing that the basement unit was meant only for storage and therefore not eligible to carry membership rights.

High Court’s Findings

The Court rejected the society’s position, observing that:

• The society had itself admitted both Gopal and Katy Sippy as members on the strength of the same basement unit.
• It cannot now reverse its stance and deny membership to Sippy on the ground that a basement is not eligible.
• Section 154B-13 of the Maharashtra Co-operative Societies Act creates a mandatory duty for societies to transfer share, right, title, and interest to a deceased member’s nominee or heir.
• The society’s discretion is extremely limited in cases involving death-based transfers.

The Court noted that any alleged misuse of the basement—as a godown or office—can be dealt with separately but is not a valid ground to deny membership.

Outcome

The Court dismissed the society’s writ petition and confirmed that Ramesh Sippy must be admitted as a member, as no competing heir had raised any claim and all statutory conditions were satisfied.

Also Read: This Housing Society Lost Its Registration, Read To Know Why?

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