Bombay High Court
ANILA SHAHversusSTATE OF MAHARASHTRA THROUGH GOVT. PLEDER
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court directed the respondents to consider the petitioner’s fresh application for society membership and to decide it within eight weeks, thereby disposing of the petition.
Summary
Anila Shah filed a writ petition claiming to be the legal heir of the late Mahabal Shah and seeking to be listed as the legal owner of a room and admitted as a member of Vikhroli Godavari CHS Ltd. She relied on an heirship certificate issued by the SRA. The respondents argued that she was not eligible to participate in the society’s election because she was not yet a member, and the election for 2025-2030 had already been completed. The Court noted the petitioner’s desire for membership and allowed her to make a fresh application to the society and the other respondents. It directed the respondents to decide the fresh application within eight weeks of receipt and to forward the society’s comments for consideration. Accordingly, the Court disposed of the petition.
Issues considered
- Whether a person holding an heirship certificate is entitled to be admitted as a member of a cooperative housing society.
- Whether the court can direct the society to consider a fresh membership application and decide it within a stipulated time.
Subjects
- heirship certificate
- cooperative housing society
- membership admission
- voting rights
- writ petition
- legal heir
Judgment
25-WP-3555-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.3555 OF 2026
Anila Shah ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
Mr.Rajesh Khobragade for the Petitioner.
Ms.Rita Joshi, AGP (Through VC) for the State.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATE : 21st SEPTEMBER 2026
P.C. :
1 The Petition is filed by the Petitioner who claim to be the
wife/legal heir of Mr.Mahabal Shah and being armed with heirship
Certificate issued by the SRA, she is desirous of being listed as
legal owner against the said room and also admitted as a Member,
so that she will be entitled to exercise her right to vote, as well as
participate in the election process.
2 Having heard the Petitioner in person and on perusal of the
reliefs sought, the learned counsel fairly conceded to the position
that the impugned communication dated 25/06/2025, which has
Digitally signed
RAJSHREE by RAJSHREE
not considered the Petitioner to be eligible for participation in the
KISHOR KISHOR MORE
MORE Date: 2026.09.22
10:21:42 +0530
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25-WP-3555-2026.odt
process as she was not yet admitted as a Member of the Society,
has no relevance today, as the election of the Managing
Committee of the Society for the year 2025-2030 is already
conducted. However, the learned counsel for the Petitioner would
submit that the Petitioner is desirous of being admitted as a
Member of the Society based on the heirship certificate, issued by
the SRA.
3 We quite appreciate the concern expressed by the
Petitioner. As the Petitioner is seeking membership of the
Society and though the learned counsel for the Petitioner would
make a statement that in the past several applications were
made, we permit him to make a fresh application to Respondetn
Nos. 2 and 3 for membership and upon such an Application
being made , we direct Respondent Nos.2 and 3, to decide the said
Application within a stipulated timeline i.e. within a period of 8
weeks from its receipt.
We also permit the Application to be preferred through the
Society i.e. Vikhroli Godavari CHS Ltd. and upon such an
Application being received by the Society alongwith its comments
it shall be forwarded to Respondent Nos.2 to 3 by taking into
consideration the documents on which the Petitioner is relying.
With the aforesaid direction, we dispose of the Petition.
[ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.]
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