1. Transfer of cooperative housing society membership — Petitioner purchased a flat and sought membership transfer. (Para 3 , 4 , 5 , 6 , 7 , 8 )
Back
Next 
2026 Supreme(Online)(Del) 19923
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Vikas Mahajan, JJ
Rajan Arora – Appellant
Versus
Registrar of Cooperative Societies Delhi – Respondent
W.P.(C) 12556/2026 | CM APPL. 58246/2026
Advocates:
For the Appellants/Petitioners: Vishal Tewari
For the Respondents: Shashi Pratap Singh
For the Appellants/Petitioners: Vishal Tewari
For the Respondents: Shashi Pratap Singh
The court emphasized that the transfer of membership in a cooperative society requires strict procedural compliance, specifically the submission of prescribed forms under the DCS Rules, and directed the Registrar to decide on the representation within a stipulated timeframe.
Headnote:(A) Cooperative Societies - Transfer of Membership - Failure of Society and Registrar to act on representation for membership transfer - Court directs time-bound submission of required forms and decision by the Registrar. (Para 11)
(B) Procedural Compliance - Rule 92(2) of DCS Rules, 2007 - Requirement of Form-20 and Form-21 for membership transfer - Compliance with procedural forms is a prerequisite for the grant of membership. (Para 10)
Issues: Whether the Registrar of Cooperative Societies is bound to decide the representation for transfer of membership in a time-bound manner.
Legal Category Hierarchy
Table of Contents
2. Petitioner claimed 30-day statutory period under Section 91 of DCS Act; RCS noted required forms not filed. (Para 9 , 10 )
3. Long delay in membership transfer warranted directions for compliance and consideration by RCS. (Para 11 )
4. Under Section 91 DCS Act, RCS must adjudicate membership transfer if society fails to act within 30 days. (Para 9 , 11 )
5. Petition disposed of with directions for petitioner, society, and RCS to process membership transfer by deadlines. (Para 11 , 12 )
6. What is the role of the Registrar of Cooperative Societies when a society fails to transfer membership?
Under Section 91 of the DCS Act, the RCS must decide the membership representation within 30 days and can adjudicate if the society fails to act. (Para 9 , 11 )
7. What documents must be submitted for membership transfer in a cooperative housing society?
Under Rule 92(2) of the DCS Rules, Form-20 and Form-21 must be filed with the society along with requisite charges. (Para 10 , 11 )
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 58246/2026 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 12556/2026
3. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India, inter alia, seeking directions to the Respondent No.1- Registrar of Cooperative Societies (hereinafter, ‘RCS’) to decide the Petitioner’s representation dated 19th March, 2025 in a time-bound manner.
4. The brief background of the present case is that the Petitioner is stated to have purchased a flat i.e., flat No.163 (hereinafter, ‘the flat’) in the Evergreen Cooperative Group Housing Society Ltd., Plot No. 09, Sector-7, Dwarka, New Delhi (hereinafter ‘Society’) from the previous owner – Mr. K.R. Hingorani, who was allotted membership No. 244 by the Society.
5. The case of the Petitioner is that a valid Agreement to Sell dated 11th February, 2003, was executed in his favour.
6. After the purchase transaction by means of an Agreement to Sell, the Petitioner is stated to have approached the Society several times, for transfer of the membership in his favour.
7. He is presently in possession of the said flat. However, the grievance of the Petitioner is that, despite repeated representations, the Society has not taken any steps for transfer of membership.
8. Thereafter, the Petitioner had approached the RCS under Section 91 of the Delhi Cooperative Societies Act, 2003 (hereinafter, ‘the DCS Act’) vide representation dated 19th March, 2025. However, the RCS has also not taken any action. Hence, this writ petition.
9. Ld. Counsel for the Petitioner submits that as per Section 91 of the DCS Act, a period of 30 days is fixed by the statute for grant of the membership. However, the RCS has failed to do so.
10. Mr. Singh, ld. Counsel appearing on behalf of the RCS submits that the Petitioner has merely placed on record representations, however, none of the forms that are required to be filled in terms of Rule 92(2) of the Delhi Co-operative Societies Rules, 2007 (hereinafter, ‘the DCS rules’) i.e., Form -20 and Form-21 have been placed on record. It is unclear as to whether the said provision has been complied or not.
11. The Court has considered the matter. Considering the long delay in the transfer of membership of the Petitioner, the following directions are issued:-
i) That the Petitioner shall appear before the Society and submit to the Society the relevant forms, along with the requisite amounts towards maintenance, etc. and other charges, if any;
ii) After examining the said forms, the Society shall issue a No-Objection Certificate and the membership confirmation in favour of the Petitioner within one month,
iii) Thereafter, the Petitioner shall approach the RCS with the relevant No Objection Certificate and the membership confirmation issued by the Society;
iv) The RCS shall meet with the Petitioner and the office bearers of the Society on 4th November, 2026 at 11:30 a.m.
v) In the event that the Society does not issue the No-Objection Certificate or the membership confirmation certificate to the Petitioner, even then, the RCS shall consider Petitioner’s representation dated 19th March, 2025 filed under Section 91 of the DCS Act. In such a situation, any senior office bearer of the Society shall appear before the RCS on 4th November at 11.30 am.
vi) After examining all the documents, the RCS shall take a decision on the grant of membership and transfer of shares. If the membership of the Petitioner is approved, the RCS shall send the recommendation to the DDA to enable the DDA to issue the allotment in favour of the Petitioner.
vii) The aforesaid decision shall be taken by the RCS by 15th December, 2026, after verifying all the documents.
12. Petition is disposed of in these terms. All pending applications, if any, are also disposed of.
