1. The question for our consideration is whether the mere membership of a deceased member of a cooperative group housing society can be inherited by his nominee, who is otherwise ineligible to be a member of that society. Our answer to this question is in the negative in view of the decision of the Supreme Court in Gayatri De v. Mousumi Cooperative Group Housing Society & Ors., AIR 2004 SC 2271.

2. The Petitioner is a cooperative group housing society and one of its objects is to acquire land on lease for development from the slum wing of the Delhi Development Authority and construction of residential houses or flats for allotment to its members. The membership of the Petitioner-Society is restricted only to widows having an income which does not exceed Rs.1,500/- per month from all sources.

3. The mother of Respondent No. 3, Smt. Ganesh Devi, was a widow who satisfied the eligibility requirements for membership as per the Bye-Laws of the Petitioner-Society. As such, she was made a member of the Petitioner-Society. However, before she could be allotted a flat, she passed away leaving her son (Respondent No. 3) as her nominee.

4. Respondent No. 3 sought to take