A nominee of a deceased member in a co-operative housing society must be admitted as a member under mandatory statutory provisions, provided there are no competing claims.

JUDGMENT :

AMIT BORKAR, J.

1. Rule. Rule is made returnable forthwith with consent of the parties.

2. The petitioner housing society has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. The petitioner challenges the judgment and order dated 27 January 2025 passed by Respondent No.1 in Revision Application No.518 of 2023. Respondent No.1 confirmed the order passed by Respondent No.2 directing the petitioner society to admit Respondent No.3 as a member.

3. The material facts giving rise to the present petition are stated hereinafter. On 21 December 1949, the Municipal Corporation of Greater Mumbai leased Plot Survey No.9/89426 at G.J. Bhosale Marg, Mumbai to K.F. Golwalla and others. With effect from 1 April 1963, the Corporation restricted the use of the basement to storage of household goods of flat owners. On 29 August 1963, Advent Corporation Pvt. Ltd. constructed a building comprising a basement and nine floors and sold flats and basement units. One such basement unit, marked B-1, was sold to late Gopal H. Sippy. According to the petitioner, Mr. Sippy was not the owner of any flat in the building. On 11 April 1966, the petitioner society was registered, and Mr. Sippy was admitted to its membership and issued shares. On 20 October 1987, the City Civil Court restrained commercial use of any premises within the society. After Mr. Sippy’s demise, his wife Mrs. Katy Sippy was admitted as a member on the basis of nomination. She nominated Respondent No.3. On 29 July 2007, she passed away. Respondent No.3, being her son and nominee, applied on 2 September 2016 to the petitioner society for transfer of shares. On 26 April 2018, the petitioner society admitted him as a nominal member. On 6 July 2018, he applied for full membership. The petitioner society received this application on 2 August 2018.

4. On 4 November 2019, Respondent No.3 addressed a communication to the petitioner society stating that no decision had been taken on his application dated 6 July 2018 and that he had, therefore, acquired the status of a deemed member.

5. In March 2023, Respondent No.3 filed an application for membership before Respondent No.2. He asserted that he had been using the said premises as a godown or office for 23 years. He also stated that between 2016 and 2021, he submitted seven applications to the petitioner society but received no response. He therefore sought conferment of deemed membership. The petitioner society filed a reply before Respondent No.2. The petitioner stated that Respondent No.3 does not own any flat or unit in the building except the basement unit B-1. The basement is restricted to storage or parking. The petitioner contended that such premises cannot confer eligibility for membership and that the application deserved rejection.

6. Respondent No.2 held that Mr. Gopal Sippy purchased unit B-1 on 29 August 1963 under a registered sale deed. He nominated the mother of Respondent No.3. Her name appeared in the society records as a member. She in turn nominated Respondent No.3. After her death, Respondent No.3 applied for membership. Respondent No.2 concluded that Respondent No.3, being the nominee of a deceased member, was entitled to membership and directed the petitioner society to admit him.

7. The petitioner society challenged this order by filing Revision Application No.518 of 2023. The Revisional Authority heard both sides an