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Registrar Cannot Cancel Membership of Housing Society on Ownership Dispute

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Judgment dated of the High Court of Bombay in Writ Petition No.890 of 2018 of Saili Durgadas Acharya Vs.  Nandan Cooperative Housing Society and others

The dispute concerns entitlement, ownership, and consequential rights flowing from such ownership in respect of the flat. The Registrar, while acting under Section 79 or Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960, is conferred only with limited and supervisory powers, and not with powers of a court to decide questions relating to title or ownership. These provisions, do not empower the Registrar to undertake adjudication of substantive civil rights in immovable property.

There was jurisdictional error

The Deputy  Registrar passed an order for cancellation of membership and share certificate of a member, in exercise of powers under Section 79(2) of the MC Societies Act, 1960.

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