Mumbai: High Court Rules Basement Or Parking Space Ownership Doesn’t Grant Housing Society Membership
Mumbai: High Court Rules Basement Or Parking Space Ownership Doesn’t Grant Housing Society Membership
Mumbai, February 5, 2026: The Bombay High Court has clarified that merely owning a basement or parking space, even through a registered conveyance deed, does not automatically qualify a person for membership in a co-operative housing society under the Maharashtra Co-operative Societies Act, 1960.
Justice Amit Borker delivered the ruling on February 2, dismissing a petition by Amanul Ekramul Ansari and upholding a state government decision that denied him membership in the Talbiyah Paradise Co-operative Housing Society in Navi Mumbai. The court noted that such premises do not legally qualify as a “flat” and therefore cannot form the basis for society membership.
Background of the Dispute
Ansari purchased a basement and parking space via a registered instrument dated December 12, 2019. Relying on this ownership, he applied for society membership in August 2020. When the society failed to respond within the legally prescribed time, Ansari appealed under Section 22(2) of the Maharashtra Co-operative Societies Act.
In July 2021, the appellate authority initially directed the society to grant him membership. However, the society challenged this order before the state government, which set aside the appellate decision. The government observed that the purchased premises consisted solely of a basement and parking area, which are not recognized as independent flats under the law.
Court’s Reasoning
Ansari argued before the High Court that authorities could not question the validity of a registered conveyance deed and that the society’s failure to respond within the stipulated period made him a “deemed member.”
The court rejected both claims, stating that the right to membership cannot arise from mere ownership or occupation of a part of a building. Justice Borker noted that “the deeming provision operates within statutory eligibility and cannot expand membership rights beyond the Act’s definitions.”
The ruling also emphasized the Floor Space Index (FSI) considerations. The architect’s certificate attached to Ansari’s conveyance deed showed that the basement and parking spaces were excluded from the FSI used for construction, meaning these areas cannot be treated as self-contained flats.
“A parking space or basement area, unless recognized as an independent unit in the sanctioned plan, does not meet the statutory definition of a flat,” the court concluded.
