Browsing Tag

housing society membership

4 posts
Bombay HC largely upholds award in favour of Goregaon Pearl society against developer, confirms termination and ₹7.08 cr claim, but directs refund of additional FSI purchase costs.

Bombay HC: Dy Registrar Cannot Cancel Society Membership or Decide Flat Ownership in Title Disputes

Bombay HC: Dy Registrar has no power under Sec 79 to cancel membership or decide ownership when serious title dispute exists over flat.
Bombay High Court allows IL&FS Financial Services to proceed with ₹203.66 crore summary suit against principal borrower Serveall Constructions despite IBC moratoriums

HDIL Sold Non-Existent Flats, Society Denies Membership, Court Says Society Is Right

In a major victory for housing societies, the Bombay High Court has upheld the decision of Dheeraj Dreams CHS Ltd. to deny membership to buyers who purchased “flats” that never existed. HDIL had sold mandatory refuge areas as residential flats years after the developer lost rights over the property. The Court ruled that societies cannot be forced to admit members for non-existent flats as it would violate the law.
“Being the owner gives you preferential rights, but not unlimited time.” In a firm order, SRA removes a private landowner as developer after three years of zero progress on a Lower Parel slum scheme, prioritising slum dwellers’ right to timely rehabilitation.

Bombay High Court Rejects Vile Parle Housing Society’s Demand for Excess Lease Premium

The Bombay High Court has ruled that Vallabhnagar Co-operative Housing Society, Vile Parle, cannot deny membership to Andheri purchasers by demanding lease premium beyond the statutory ceiling fixed under Section 79A.
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.