A tenant ownership cooperative housing society holds the land on a leasehold or freehold basis. (File Photo)The Bombay High Court held that merely granting joint membership in a Tenant Ownership Cooperative Housing Society cannot transfer the right or title in the property, and such joint membership cannot be treated the same as ownership rights.In doing so, the HC disposed of a plea challenging joint membership granted by the Cooperative Societies Registrar in relation to a multi-storied structure in a society in Andheri (East) after the demise of the original owner.The plea apprehended that once the respondent is shown as a joint member, he may attempt to project his entry as recognition of co-ownership in the land.A tenant ownership cooperative housing society holds the land on a leasehold or freehold basis. However, individual members own the houses, dwelling units or flats standing on such land.A single-judge bench of Justice Amit Borkar last week passed an order on a plea by Neelam Kuldeep Ahluwalia from the Shaheed Bhagat Singh Cooperative Housing Society (CHS), challenging an order passed by the Registrar under Section 23(2) of the Maharashtra Cooperative Societies Act, 1960, granting the status of joint member to another person, one Sukhjindersingh Ahluwalia.Advocates Aneesa Cheema and Chirag Unadkat, for the petitioner, claimed that the registrar exceeded the proper limits of authority by granting such recognition without correctly appreciating the nature of rights attached to membership in a Tenant Ownership Society.After the original owner’s demise, the legal representatives were occupying different portions of the building under their family arrangement. The petitioner claimed the respondent cannot gain any independent land rights, title from joint membership.Story continues below this adThe bench, after perusing sections 154B-17(a) and 154B-18(b) of the Maharashtra Cooperative Societies Act that define Tenant Ownership Housing Society and Joint Member, observed, “The statute contemplates separation between land through the society and ownership of superstructure.”The HC then observed that recognition of a person as joint member does not amount to adjudication of disputed title between claimants.It further stated that “a cooperative society is not a civil court deciding questions of succession, ownership, partition, inheritance or transfer unless such jurisdiction is conferred.”Justice Borkar elaborated that membership decisions are taken for internal administration of the society, which are relevant for maintaining membership registers, issuing share certificates, determining voting rights as per bye-laws, and identifying the person from whom dues, maintenance charges and other liabilities may be recovered.Story continues below this adTherefore, the bench said, “society records do not extinguish or create civil title in immovable property,” and ownership disputes are required to be decided by a competent forum.Considering this legal position, the HC observed, “Mere conferment of joint membership in favour of the respondent cannot transfer right, title or interest in the land.”The court said that “no claim over land can arise merely because the name of a person is entered as joint member,” unless there is a succession entitlement, decree of the court, statutory transfer or any other lawful source of title.“The apprehension of the petitioner that future claims may be made understandable, but such apprehension cannot convert a membership entry into a document of title. Therefore, joint membership and ownership rights cannot be treated as the same,” the HC clarified, disposing the plea.Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. 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