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Bombay HC – Nominee’s Membership in Housing Society Valid – Succession Disputes of Legal Heirs Must Go to the Civil Court

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The father of the petitioner was member of the society & owner of the flat.   He had executed valid nomination of the society in his favour.  Out of legal heirs of deceased member, only one heir has taken object to the enrolment of the petitioner as member.

The nomination serves a limited purpose. It enables the society or authority to deal with one identified person after the death of the member. The nominee holds the property for and on behalf of the legal heirs. He acts as a representative. He does not take the property to the exclusion of others unless succession law independently supports such claim.

The appellate authority had granted membership to the petitioner.   However, the revisional authority had set-aside the same in the revisions of the Society and a person claiming to be a tenant challenging membership of the petitioner.

Even otherwise, the order granting membership was not challenged by the objecting heir. Instead, the revision was pursued by the society and by a person claiming to be a tenant. A tenant has no locus to question the internal arrangement among legal heirs regarding membership of the society. The society also did not dispute the eligibility of the petitioner under the Act or the bye laws. In such circumstances, the revisional authority ought not to have interfered with the order granting membership, particularly when the dispute, if any, was essentially inter se between legal heirs.

The issue of title or succession cannot be conclusively decided in summary proceedings under the MCS Act. The authority under the Act is concerned with regulation of membership. It is not a civil court deciding succession disputes. Therefore, the revisional authority exceeded its jurisdiction in setting aside the order of conferment of membership on grounds which fall outside the limited scope of such proceedings

Judgment dated 9.2.2026 of the High Court of Bombay in Writ Petition Nos.2317 and 2320 of 2011 of Pravinkumar Jethalal Dave   Vs.  The State of Maharashtra and Ors.

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