Basement or Parking Ownership Doesn’t Guarantee Society Membership: Bombay High Court
Basement or Parking Ownership Doesn’t Guarantee Society Membership: Bombay High Court
Basement or Parking Ownership Not Enough for Housing Society Membership, Rules Bombay High Court
The Bombay High Court has made it clear that owning a basement or parking space—even if purchased through a registered conveyance deed—does not automatically make a person eligible to become a member of a co-operative housing society under the Maharashtra Co-operative Societies Act, 1960.
Justice Amit Borker gave this ruling on February 2 while dismissing a petition filed by Amanul Ekramul Ansari. The court upheld the Maharashtra government’s decision to deny him membership in the Talbiyah Paradise Co-operative Housing Society in Navi Mumbai.
The dispute began after Ansari bought a basement and parking space in December 2019. Based on this purchase, he applied for membership of the housing society in August 2020. When the society did not reply within the prescribed time, Ansari approached the authorities, claiming he should be treated as a “deemed member.” In July 2021, an appellate authority initially ruled in his favour and directed the society to grant him membership.
However, the society challenged this order before the state government. The government later set aside the appellate decision, stating that a basement and parking space do not qualify as a “flat” under the law and therefore cannot be the basis for society membership.
While hearing the case, the High Court rejected Ansari’s argument that the validity of a registered sale deed could not be questioned. The court also disagreed with his claim of deemed membership, saying that such a provision applies only if the person is otherwise legally eligible.
Justice Borker explained that membership in a co-operative housing society cannot be claimed merely by owning or occupying a part of a building. The court also pointed to Floor Space Index (FSI) rules, noting that the architect’s certificate showed the basement and parking were excluded from the FSI calculations. This meant they could not be considered independent residential units.
The court concluded that unless a parking space or basement is shown as a separate flat in the approved building plans, it does not meet the legal definition of a flat and cannot give rise to membership rights in a housing society.
