Title Dispute of Open or Garden Area of Row House & Transfer of Membership

The issue of ownership of open space or garden area surrounding the row house covered by the Deed of Assignment is beyond the compass of proceedings for transfer of membership of the housing society.

it is necessary to note that proceedings relating to transfer of membership are of limited nature. While examining such request, the Society is expected to consider whether the applicant derives title through a legally recognizable instrument, whether such instrument is duly registered where registration is necessary, and whether the applicant otherwise fulfills eligibility conditions under the Act, Rules and Bye laws. The enquiry at that stage is administrative and statutory in character. It is not a full trial of rival title claims.

Admission or transfer as a member recognizes participation in the cooperative structure relating to the premises. Such conferment of membership does not enlarge proprietary rights beyond what exists. If a person has limited rights, membership does not make them absolute. If rights are disputed, membership does not conclude the dispute. Therefore, apprehension of the Society that transfer of membership would amount to surrender of all its claims over the open space is not acceptable.

Judgment dated 21.4.2026 of the High Court of Bombay in Writ Petition No.4949 of 2026 of Clover Park Cooperative Housing Society Limited  Vs. Parvinder Singh Dhillon and others