Browsing Tag

Section 91 MCS Act

5 posts
Maharashtra Appellate Court dismisses interim relief plea in Kandivali flat dispute, saying the core family property issues need Civil Court adjudication.

Cooperative Court Can’t Decide Family Property Dispute

Maharashtra Appellate Court dismisses interim relief plea in Kandivali flat dispute, saying the core family property issues need Civil Court adjudication.
Bombay HC confirms Manjusha Ogale as sole lessee of Deccan Gymkhana Plot 23 and permanently bars Natekars from dealing with or redeveloping the property without her and the Society’s consent.

Deccan Gymkhana Row: Developer Can’t Redevelop Plot Without Lessee’s Nod

Bombay HC confirms Manjusha Ogale as sole lessee of Deccan Gymkhana Plot 23 and permanently bars Natekars from dealing with or redeveloping the property without her and the Society’s consent.
Society Must Pay for Terrace Leak Damage

Society Must Repair Flat Damage from Terrace Leakage, Rules Mumbai Co-op Court

Co-op Court holds society liable for repairing ceiling damage in top-floor flat caused by terrace seepage; AG resolution shifting cost to member not tenable.
Mumbai Co-op Court says societies can fix maintenance but must apply BMC property-tax concessions to eligible individual tenements.

Managing Committee Has No Power to Evict Member: Co-op Court Ends 38-Year Dispute in Favour of Member

Co-op Appellate Court holds managing committee cannot terminate occupancy of owned shops; 1988 eviction decree against Dahisar firm set aside after 38 years.
In a 21-year-long battle, the Maharashtra Co-operative Appellate Court has ordered full vacant possession of Flat No. 702 in Suyog Darshan Society, Versova to Mohan Kubal, directing auction of remaining articles and appointing a new Court Receiver.

Co-op Appellate Court: Past Members Can Sue Societies for Refund

In a key ruling, the Maharashtra Co-operative Appellate Court has held that past members of housing societies can directly sue for refund of amounts paid under disputed NOC conditions without needing permission from current flat owners. The court dismissed the society’s challenge to jurisdiction, clarifying that such disputes arising during membership fall squarely under Section 91 of the MCS Act.