Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Notice to Builder/Promoter - The registration of a society does not require prior notice to the builder or promoter; the process is primarily governed by the Societies Registration Act and related legal provisions. However, if the builder is involved in default or breach, notices may be issued to relevant parties, but their absence does not invalidate society registration. ["Meru Heights Co-operative Housing Society Limited VS State of Maharashtra - 2023 0 Supreme(Bom) 1461"], ["Rekha Kannan D/o Late K.S. Narayana Swamy vs State of Karnataka - Karnataka"], ["ALJ Residency Co-operative Housing Society VS State of Maharashtra Mumbai - Bombay"], ["M/s T S Construction Co vs Dhanklal Co-operative Housing Society Ltd - Consumer State"], ["Y. Krishna Rao vs State of Telangana - Telangana"], ["M/s SAGAR AVENUE-I CHS LTD. vs M/s SAGAR SHOPPING DEVELOPERS & 6 ORS. - Consumer National"], ["1.M/s. Vishnu Priya Constructions vs 1.Sri Nilayam - Consumer State"]
Legal Framework and Procedure - Registration involves submitting applications with necessary documents, and the Registrar's role is to verify compliance, issue certificates, and ensure proper conduct of meetings and elections. Mandatory notices (e.g., 21 days for meetings) must be observed, and amendments require approval. Failure to follow procedural requirements can lead to registration being challenged or set aside. ["Rekha Kannan D/o Late K.S. Narayana Swamy vs State of Karnataka - Karnataka"], ["Ankur Grand Owners Association, Represented by its Hon. Secretary Mr. Hiren Botadra VS District Registrar (Admin), In the Cadre of Assistant I. G. of Registration - Madras"], ["Y. Krishna Rao vs State of Telangana - Telangana"], ["1.M/s. Vishnu Priya Constructions vs 1.Sri Nilayam - Consumer State"]
Role of Builder and Developer - Builders are responsible for forming and registering societies, maintaining property until registration, and executing conveyance deeds. Their failure to do so results in financial liabilities, including refunds of registration charges and expenses incurred by members. Registration does not imply legality of construction but facilitates management. ["Meru Heights Co-operative Housing Society Limited VS State of Maharashtra - 2023 0 Supreme(Bom) 1461"], ["M/s T S Construction Co vs Dhanklal Co-operative Housing Society Ltd - Consumer State"], ["M/s J.S. Cube Metals vs K.K. Joy - 2025 Supreme(Online)(SCDRC) 6259"]
Validity and Challenges - Society registration can be challenged if procedural norms are not followed, such as non-approvals, improper notices, or lack of member consensus. Courts have set aside registrations in cases where statutory requirements were not met, emphasizing adherence to legal procedures. ["Y. Krishna Rao vs State of Telangana - Telangana"], ["ALJ Residency Co-operative Housing Society VS State of Maharashtra Mumbai - Bombay"], ["1.M/s. Vishnu Priya Constructions vs 1.Sri Nilayam - Consumer State"]
Member and Promoter Rights - Members must be properly enrolled, and meetings conducted as per bye-laws. Promoters or builders cannot unilaterally impose conditions or exclude genuine members; their obligations include timely registration and conveyance. Failure to do so can lead to legal remedies for members. ["Garden View Owners Welfare Association VS Dy. Registrar Firms Societies and Chits Lucknow - Allahabad"], ["Y. Krishna Rao vs State of Telangana - Telangana"], ["M/s J.S. Cube Metals vs K.K. Joy - 2025 Supreme(Online)(SCDRC) 6259"]
Registration of a society for a residential complex involves compliance with statutory procedures under the Societies Registration Act and relevant state laws. While the builder's role is significant in formation and maintenance, their absence or failure does not prevent registration but may impact legal validity or lead to disputes. Proper notices, member participation, and adherence to procedural norms are crucial for valid registration. Courts have emphasized that registration is a legal process independent of the construction's legality, but procedural lapses can result in legal challenges or cancellation. Therefore, stakeholders must ensure compliance with all statutory and bye-law requirements for smooth registration and functioning of the society.
References:- ["Meru Heights Co-operative Housing Society Limited VS State of Maharashtra - 2023 0 Supreme(Bom) 1461"]- ["Rekha Kannan D/o Late K.S. Narayana Swamy vs State of Karnataka - Karnataka"]- ["ALJ Residency Co-operative Housing Society VS State of Maharashtra Mumbai - Bombay"]- ["Ankur Grand Owners Association, Represented by its Hon. Secretary Mr. Hiren Botadra VS District Registrar (Admin), In the Cadre of Assistant I. G. of Registration - Madras"]- ["Garden View Owners Welfare Association VS Dy. Registrar Firms Societies and Chits Lucknow - Allahabad"]- ["M/s T S Construction Co vs Dhanklal Co-operative Housing Society Ltd - Consumer State"]- ["M/s T S Construction Co vs Dhanklal Co-operative Housing Society Ltd - Consumer State"]- ["Y. Krishna Rao vs State of Telangana - Telangana"]- ["1.M/s. Vishnu Priya Constructions vs 1.Sri Nilayam - Consumer State"]
Forming a co-operative housing society is a pivotal step for flat owners in multi-storied buildings, marking the transition from promoter control to resident management. But a common question arises: Written Notice to Builder for Registration of Society – is it legally required before the Registrar approves the society's formation? This issue often sparks disputes between flat owners and builders, especially in Maharashtra where housing developments are booming.
In this post, we explore the legal position under the Maharashtra Co-operative Societies Act, 1960, supported by case law and statutory insights. Note that this is general information based on established precedents and should not be considered specific legal advice. Consult a qualified lawyer for your situation.
The registration of a co-operative housing society is governed primarily by the Maharashtra Co-operative Societies Act, 1960 (MCS Act) and the Maharashtra Co-operative Societies Rules, 1961. The process is designed to be straightforward for flat owners who have purchased flats in a building.
Key requirements include:- Application by at least 10 members (or 51% of flat owners, whichever is less).- Proper resolutions, bye-laws, and documentation.- Compliance with statutory provisions, ensuring the society is not contrary to the Act or rules. Krupa Zubin & Anr. Vs The Divisional Joint Registrar, Cooperative Societies & Ors. - 2025 0 Supreme(Bom) 531
The Registrar's role is administrative and procedural, focused on verifying compliance rather than acting as a quasi-judicial authority. As per Section 9 of the MCS Act (similar to provisions in analogous laws), if the Registrar is satisfied that the society has complied with the provisions of this Act and the rules as to registration and that its bye-laws are not contrary to this Act and the rules, he shall register the society and its bye-laws. Momaipura Mahila Dudh Utpadak Sahakari Mandli Limited VS Additional Registrar (Appeals) - 2022 Supreme(Guj) 1185
The short answer: No, the law does not require prior written notice to the builder or promoter before registration, provided statutory conditions are met. This is a core finding from relevant judgments, emphasizing that registration is an administrative act by the majority of flat owners. Krupa Zubin & Anr. Vs The Divisional Joint Registrar, Cooperative Societies & Ors. - 2025 0 Supreme(Bom) 531
In a landmark ruling, the court held: Save and except the contractual clause (which is now held to be inconsistent with the statutory provision), and the allegation of suppression of facts (which has already been dealt with), no other tenable objection has been raised against the registration of the society. It is not the Petitioners’ case that the members forming the society are ineligible under the provisions of the Maharashtra Co-operative Societies Act, 1960, or that the formation of such society violates any rule, bye-law or statutory requirement. Krupa Zubin & Anr. Vs The Divisional Joint Registrar, Cooperative Societies & Ors. - 2025 0 Supreme(Bom) 531
The court further invalidated any contractual clause imposing prior notice or consultation on the Registrar, deeming it void as contrary to the statutory scheme. This underscores that builders cannot dictate registration terms beyond law. Krupa Zubin & Anr. Vs The Divisional Joint Registrar, Cooperative Societies & Ors. - 2025 0 Supreme(Bom) 531
Supporting this, the Registrar's powers under the MCS Act confirm the process is non-adversarial. Existing societies or third parties (like builders) have no statutory right to prior hearing or notice unless explicitly required. Meru Heights Co-operative Housing Society Limited VS State of Maharashtra - 2023 0 Supreme(Bom) 1461Momaipura Mahila Dudh Utpadak Sahakari Mandli Limited VS Additional Registrar (Appeals) - 2022 Supreme(Guj) 1185
The Registrar acts procedurally:- Reviews documents and resolutions from flat owners.- Ensures majority support and eligibility.- Registers if compliant, without needing to notify third parties like builders.
The registration process is complete once the statutory conditions are fulfilled, and no statutory provision mandates prior notice to the builder or promoter. Krupa Zubin & Anr. Vs The Divisional Joint Registrar, Cooperative Societies & Ors. - 2025 0 Supreme(Bom) 531
This administrative nature distinguishes it from adjudicatory processes where natural justice principles (like notice and hearing) apply more stringently. In cooperative registration, it's about formation rights under Article 19(1)(c) of the Constitution, promoting resident self-governance without undue hurdles. Momaipura Mahila Dudh Utpadak Sahakari Mandli Limited VS Additional Registrar (Appeals) - 2022 Supreme(Guj) 1185
Builders often argue for notice, citing responsibilities like conveyance or maintenance until society formation. Indeed, promoters are statutorily liable for society formation and property maintenance pre-registration. Admittedly, the Builder and Promoter were not only liable for formation of the society; but further also responsible for maintenance of property till society is formed and deed of conveyance is executed. M/s T S Construction Co vs Dhanklal Co-operative Housing Society Ltd
However, this duty does not extend to vetoing or requiring notice for registration by flat owners. Post-registration, builders retain remedies like civil suits for conveyance deeds or FSI disputes. For instance, residual FSI reverts to the society upon registration, not the builder. Dilip B Raja VS Shree Arihant Apartment Co-op Housing Society - 2020 Supreme(Bom) 730
In consumer disputes, builders have been held accountable for delays in society formation, reinforcing flat owners' rights to proceed independently. Kuber Builders VS Reeshab Teelak Chemicals Pvt. Ltd.
While generally not required, consider:- Specific bye-laws or agreements: If explicitly mandated (but such clauses may be void if conflicting with statute). Krupa Zubin & Anr. Vs The Divisional Joint Registrar, Cooperative Societies & Ors. - 2025 0 Supreme(Bom) 531- Disputes or fraud allegations: Civil remedies available post-registration; registration itself isn't halted.- Registrar's discretion: Provisional registration possible if bye-laws need tweaks. Momaipura Mahila Dudh Utpadak Sahakari Mandli Limited VS Additional Registrar (Appeals) - 2022 Supreme(Guj) 1185
No broad natural justice requirement applies, as the process isn't adversarial. Momaipura Mahila Dudh Utpadak Sahakari Mandli Limited VS Additional Registrar (Appeals) - 2022 Supreme(Guj) 1185
Recommendations:- Ensure statutory compliance to avoid challenges.- Post-registration, pursue conveyance deeds promptly.- Builders: Vigilant on rights, but recognize flat owners' priority. Krupa Zubin & Anr. Vs The Divisional Joint Registrar, Cooperative Societies & Ors. - 2025 0 Supreme(Bom) 531
Forming a society empowers residents—proceed confidently if requirements are met. For tailored guidance, reach out to a cooperative law expert in Maharashtra.
References:- Krupa Zubin & Anr. Vs The Divisional Joint Registrar, Cooperative Societies & Ors. - 2025 0 Supreme(Bom) 531: Core judgment on no notice requirement.- Meru Heights Co-operative Housing Society Limited VS State of Maharashtra - 2023 0 Supreme(Bom) 1461: Registrar powers.- Momaipura Mahila Dudh Utpadak Sahakari Mandli Limited VS Additional Registrar (Appeals) - 2022 Supreme(Guj) 1185: Registration satisfaction criteria.- M/s T S Construction Co vs Dhanklal Co-operative Housing Society Ltd: Builder duties.- Dilip B Raja VS Shree Arihant Apartment Co-op Housing Society - 2020 Supreme(Bom) 730: Post-registration FSI.
#SocietyRegistration #HousingSocietyLaw #MaharashtraCoopAct
Section 9 thus does not mandate issuance of any notice to the developer/builder. Faced with a situation that Section 9 does not mandate issuance of notice to the developer before registration of a Society, Mr. ... such individual member, a public notice of the proceedings of the de-registration shall be given in the prescribed manner and such notice shall be deemed to be notice to all the members of the society inc....
The said provisions of RERA would mandate the builder to enable formation of Association or Society or Co-operative Society, as the case may be, of the allottees. ... Learned counsel for the petitioners submits that Formation and Registration of Society is contrary to law. ... Learned counsel appearing for the Society, supports the averments in their statement of objections and submits that the Registration and functioning of the Society has been uph....
Pertinent observations were made by this Court in Sukh Sagar Co-operative Housing Society Ltd v. State of Maharashtra (supra) in the context of registration of Society on default of the builder. ... In that case, the occupation certificate was not issued to the Society and while allowing registration, it was observed thus : “ .... The revisional authority seems to have regarded it as a prerogative of a builder to register a Co-operative Housing Society#HL_E....
The Extraordinary General Body Meeting was held on 09.05.2010 without complying with the mandatory requirements, the period of notice i.e., 21 days under the Registration Act. ... Her letter dated 8th July 1992 annexing all the required documents could not have been written under detention. ... The First Clause that the “Registrar may of his own motion” would be sufficient enough to receive information from any person for conducting an enquiry into the affairs of the Society either in oral form or in a written#....
A Welfare Association/ Society called ‘Garden View Owners Welfare Association’ was created by the builder for maintenance of the building and the society was registered in the year 1999-2000. Its registration was renewed from time to time and it expired in October, 2009. ... The petitioners further stated that as per the provisions contained in Societies Registration Act, 1860, in case any members of the society have any grievance, they should first give a written int....
Admittedly, the Builder and Promoter were not only liable for formation of the society; but further also responsible for maintenance of property till society is formed and deed of conveyance is executed. ... But, in the present case builder and promoter had not taken any step even to form a society within four months as contemplated under Maharashtra Ownership Flat Act. ... The complainants were also compelled to spend an amount of Rs. 89,000/- for consultancy and registration of the #....
Admittedly, the Builder and Promoter were not only liable for formation of the society; but further also responsible for maintenance of property till society is formed and deed of conveyance is executed. ... The complainants were also compelled to spend an amount of Rs. 89,000/- for consultancy and registration of the society. But in fact this was statutory responsibilityof the appellant/opponent. ... In the present case before us also as stated earlier, the builder/promot....
It is sated that as per Bye-law No.44, the Ad hoc committee shall enrol all eligible persons as the members of the society and take steps for conduct of elections within a period of 60 days from the date of registration of the society and accordingly, the Ad hoc Committee has issued notice to all the ... only refers to 21 individuals of class or category with common bondage and each being a member of different family or intend to form a cooperative society and it does not refer to a promoter and there i....
The builder has failed to carry out its obligation and it is the Society and its members who had undertaken the entire exercise to meet the financial expenditure for registration and therefore in these circumstances, the amount realised by the builder has to be reverted back to the Society and its members ... Coming to the issue of the refund of the charges levied for the registration of the Society, the builder has failed to get the Socie....
society, but no society was formed till its registration on 27.08.2014; that the members have conducted a General Body Meeting on 15.11.2013 and decided to form society, accordingly it was formed; that the complainant Association requested the opposite parties to attend the meetings but, they failed ... The opposite party No.2 & 3 filed joint written version and the averments therein are almost similar to the written version filed by the opposite party No.1. ... Clause 19 reads thus:-....
Notices pertaining to Return module comprising GST DRC-01B and GST DRC-01C Summary of assessment orders issued in Form GST DRC-07 where notices and other proceedings were held offline. Notices issued by System to return defaulters in Form GSTR-3A. “Note: 1. Following Notices/Orders issued by tax authorities are available under “Notices and Orders”. Notice/Orders/Intimations pertaining to registration including new registration, amendment, cancellation, revocation and other communications.
(a) if the Registrar is satisfied that the society has complied with the provisions of this Act and the rule as to registration and that its bye-laws are not contrary to this Act and the rules, he shall register the society and its bye-laws; and (b) if the Registrar is of opinion that the application complies with the requirements of section 8 but that its bye-laws are not in conformity with the provisions of this Act and the rules, he may provisionally register the society and by an order in writing permit the society to perform such functions subject to such conditions as he may specify in....
However, vide Order dated 24.09.2002, passed by the Division Bench of Delhi High Court, they were exonerated from all the charges. 5. Upon notice, Builder contested the Complaint, by filing their Written Versions. It is pleaded on behalf of the Builder that the Writ Petition No. 3944 of 1998 was filed against them and an order dated 13.08.1998 was passed by the Delhi High Court restraining them along with Sahara and JVG from disposing of their assets.
In paragraph 12 of his affidavit in lieu of examination in chief he deposed that the ownership of the building is vested in the society since 26th April, 1994 and as such, the society is deemed and beneficial owner of the entire building. The said witness was cross examined by the Municipal Corporation as well as by the appellants' advocate. The residual FSI in the plot or layout not consumed, will be available to the promoter till the registration of the society and on registration of the society, the same shall be available to the society and not the builder/promoter.
Group Housing Society v. Union of India, AIR 1993 SC 155. In that case the right of a housing society for right to priority in the matter of registration was recognized in the following words: In the aforesaid facts, the Group Housing Societies were entitled to ‘legitimate expectation’ of following consistent past practice in the matter of allotment, even though they may not have any legal right in private law to receive such treatment.
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