Old MHADA colonies like Malvani have their own kind of society disputes: buildings that are 30 or 40 years old, flats that changed hands informally, members who never got share certificates, repairs nobody wants to pay for, and redevelopment offers that split the society. This guide explains the common disputes, who decides each one, and the order in which to act.
Key facts
- First step
- Write to the managing committee and keep proof of delivery
- Supervision of the society
- Deputy Registrar of Co-operative Societies (Section 79): can direct the society to follow the Act, rules and bye-laws
- Disputes between members and the society
- Co-operative Court (Section 91)
- Ownership or title disputes
- Not decided by the Deputy Registrar (Bombay High Court, July 2026); need a court
- Late payment interest
- Capped at 12% a year simple interest under the 2026 rules
Common disputes, and where they go
| Dispute | Where to go |
|---|---|
| Society refuses to transfer the share certificate, or demands illegal transfer fees | Committee in writing, then the Deputy Registrar; see transfer NOCs and illegal charges |
| Excess interest on dues, or non-occupancy charges above 10% of service charges | Committee, then the Deputy Registrar; check with the society dues checker |
| Leakage, seepage, repairs to common areas | Committee; then the Co-operative Court if needed. See water leakage |
| Water supply cut or parking taken away as punishment | Deputy Registrar or the Co-operative Court; police if there is harassment |
| Rival claims to a flat (heirs, buyers on power of attorney) | A court (Co-operative Court or civil court), not the Deputy Registrar |
| Redevelopment process: notice, quorum, developer selection | Co-operative Court under Section 91 |
| Recovery of unpaid dues by the society | Society applies under Section 154B-29 (Form Y-6) |
| Illegal construction by a member | Society and the BMC ward office (P/North for Malvani) |
What the Deputy Registrar can and cannot do
- Under Section 79, the Deputy Registrar can direct a society to perform its duties under the Act, the rules and its bye-laws, for example to restore a member’s water supply or return a wrongly taken parking slot.
- In Saili Durgadas Acharya v. Nandan Co-operative Housing Society (Bombay High Court, July 2026), the Court held that these powers are supervisory only. The Deputy Registrar cannot decide who owns a flat, or cancel a member’s membership while a title dispute is pending.
- The Bombay High Court has also held that the Registrar has no power to issue a “no objection” for redevelopment. The general body decides; a member who disputes the process goes to the Co-operative Court.
Old MHADA colony problems
- Flats bought on a power of attorney: the society may refuse membership until MHADA regularises the transfer. Regularise first. See Malvani MHADA flats.
- Allottee died long ago: heirs can be admitted on succession documents or a registered family arrangement; a nominee can be a provisional member (Form Y-4). See transfer after death.
- No society formed, or a defunct society: members may need to revive or register the society before redevelopment or conveyance.
- Redevelopment splits: the 2026 rules require 14 clear days’ notice, a two-thirds quorum, a Registrar’s representative, a video recording, and approval of the developer by 51% of total members. See housing society rules 2026.
How to raise a dispute, step by step
- Write to the managing committee, clearly and politely, with copies of bills or documents. Keep the acknowledgement.
- Raise it at the general body meeting if the committee does not act.
- Apply to the Deputy Registrar of Co-operative Societies for your ward, for matters of the society’s duties under the law.
- File a dispute before the Co-operative Court for disputes about membership, management, redevelopment or money claims.
- Go to the police for threats, harassment or obstruction, and to the BMC for illegal construction.
Consultations are by appointment at the chambers in Malwani MHADA, Malad (West). To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes the general position as understood in October 2026, under the Maharashtra Co-operative Societies Act, 1960 and the 2026 rules. Which forum applies depends on the facts. It is not legal advice.
Related: Society redevelopment in Maharashtra: who decides, and what the Registrar cannot do.
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