Membership of Coop Housing Society to legal heir of deceased member – Relinquishment Deed

The husband of the Respondent No.3 was the member of the Petitioner – society.  On his death, he had left behind the widow and two major children.  The children executed relinquishment deed in favour of Respondent NO.3 -widow of deceased Member.

The Respondent No.3 had applied for membership.  Since the Society did not grant membership, she had filed application before the Deputy Registrar and same was allowed on 28.3.2022.   This was confirmed in revision.

Section 154B-13 provides that the Society shall transfer share, right, title and interest of deceased member to a person based on (i) testamentary documents, or (ii) succession certificate, or (iii) legal heirship certificate, or (iv) document of “family arrangement” executed by the persons entitled to inherit the property.

However, the Society had contended that the “family arrangement” in Section 154B-13 of the MCS Act, would apply only in case of “Hindu Undivided Family”.   As a result, the petitioner is required to obtain succession certificate.

In that context, the High Court held that the widow and two children consisted of family and the relinquishment deed is “family arrangement” and negatived the contention of the Society.

Judgment dated 23.9.2024 of the Bombay High Court (AS) in Writ Petition No.10768 of 2024 of Bima Nagar Cooperative Housing Society Vs.  The Divisional Joint Registrar, Cooperative Society and others