Browsing Tag

Maharashtra Cooperative Societies Act

21 posts
Mumbai Co-op Court says societies can fix maintenance but must apply BMC property-tax concessions to eligible individual tenements.

Full Payment to Builder Is NOT a Pre-Condition for Society Membership

In a landmark ruling, the Bombay High Court held that full payment to a builder is not a prerequisite for membership in a cooperative housing society. The court restored deemed membership for a MOFA flat buyer, emphasizing that statutory rights under the Maharashtra Ownership Flats Act cannot be denied due to payment disputes.
Mumbai Co-op Court says societies can fix maintenance but must apply BMC property-tax concessions to eligible individual tenements.

Big Changes Ahead for Housing Societies? Maharashtra Sets Up High-Level Panel to Rewrite Cooperative Law

Maharashtra has set up a high-level expert committee to overhaul the Cooperative Societies Act and related rules—a move that could significantly impact housing society governance, elections and member rights across the state.
“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 HC Clears Path for Companies to Join Housing Societies, Scraps Share Limit Barrier

In a pivotal December 24, 2025, ruling, the Bombay HC ruled that companies can join cooperative housing societies without old share limits, dismissing petitions from a Thane society against a firm owning five bungalows. This opens doors for developers while mandating compliance with residential rules.
“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.

Redevelopment Disputes Can’t Be Thrown Out Without Trial: Bombay High Court

The Bombay High Court has ruled that redevelopment disputes in cooperative housing societies cannot be summarily dismissed solely on jurisdictional objections, allowing members to challenge general body decisions in the Co-operative Court after proper trial.
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.