The Bombay High Court has held that ownership of a basement or parking space does not entitle a person to membership of a co-operative housing society under the Maharashtra Co-operative Societies Act, 1960.

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Dismissing Amanul Ekramul Ansari vs State of Maharashtra, Justice Amit Borkar ruled that “deemed membership” under Section 22(2) of the MCS Act cannot override statutory eligibility. The Court clarified that membership in a housing society arises only from ownership of a ‘flat’ recognised in the sanctioned building plan.

The petitioner had relied on a registered conveyance deed pertaining to a basement and parking area, contending that the society’s failure to decide his application within the statutory period resulted in deemed membership. However, the Court held that deemed membership operates only within the limits of the statute and cannot validate an ineligible claim.

The Court further observed that basements and parking areas lying outside the sanctioned FSI cannot be treated as independent flats, and a conveyance deed cannot override the sanctioned layout approved by planning authorities.

Bombay High Court: Buying Parking or Basement Does Not Make You a Society Member

In an important ruling affecting housing societies, flat purchasers, and parking disputes, the Bombay High Court has clarified that ownership of a basement or parking space does not give an automatic right to become a member of a co-operative housing society.

The Court held that only ownership of a “flat” recognised in the sanctioned building plan qualifies a person for membership under the Maharashtra Co-operative Societies Act, 1960. 

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Why This Judgment Matters

Across Maharashtra, disputes often arise where purchasers buy parking spaces, basements, or podium areas and later claim society membership. This judgment makes it clear that:

• • Deemed membership is not absolute

• • Silence of the society does not create legal rights

• • Sanctioned plans and FSI usage are decisive

• • Common areas cannot be converted into flats by registration alone

Key Legal Principle

The High Court ruled that statutory eligibility comes first. Even if a sale deed is registered, membership cannot be granted unless the unit qualifies as a “flat” under the Act.

Impact on Housing Societies

This decision strengthens the position of managing committees and helps prevent forced memberships based on parking or basement ownership, ensuring compliance with planning laws and co-operative principles.

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Frequently Asked Questions (FAQ): Parking Rights & Deemed Membership Under MCS Act

Does owning a parking space give membership in a housing society?

No. The Bombay High Court has clarified that ownership of a parking space does not confer membership of a co-operative housing society. Membership arises only from ownership of a sanctioned flat under the Maharashtra Co-operative Societies Act, 1960.

Can basement ownership give housing society membership?

No. The Bombay High Court has ruled that basements lying outside sanctioned FSI or treated as common/appurtenant areas cannot be considered “flats”. Therefore, basement ownership does not entitle a person to society membership.

What is deemed membership under the MCS Act?

Deemed membership under Section 22(2) of the MCS Act applies when a society fails to decide a membership application within the statutory period. However, deemed membership is not automatic and applies only if the applicant is otherwise statutorily eligible.

Can deemed membership override eligibility requirements?

No. The High Court has held that deemed membership cannot override statutory eligibility. If the unit owned is not a legally recognised “flat”, silence of the society cannot create membership rights.

Is a registered sale deed enough to claim society membershp?

No. A registered conveyance deed alone is not sufficient. The Court has clarified that sanctioned building plans and FSI approval prevail over private documentation. A deed cannot convert a parking space or common area into a flat.

What defines a “flat” for housing society membership?

A “flat” must:

• • Be shown in the sanctioned building plan

• • Form part of the FSI-utilised built-up area

• • Be recognised as an independent unit by planning authorities

Anything outside this—such as parking or basements—does not qualify.

Can a housing society reject membership for parking owners?

Yes. Housing societies are legally entitled to reject membership applications where the applicant owns only parking spaces or basements, as such ownership does not meet statutory requirements.

Does this judgment apply to all housing societies in Maharashtra?

Yes. The ruling applies across Maharashtra and is particularly relevant to:

• • Parking disputes in housing societies

• • Claims based on basement or podium ownership

• • Deemed membership disputes under the MCS Act

What should buyers check before purchasing parking or basement units?

Buyers should verify:

• • Whether the unit is part of the sanctioned plan

• • Whether it qualifies as a flat under the MCS Act

• • Whether society membership is legally permissible

Failure to check this may result in no membership rights despite ownership.

Why is this ruling important for housing societies?

This judgment:

• • Prevents forced or illegal memberships

• • Protects societies from planning law violations

• • Reinforces that membership is statutory, not contractual

Click Here to Read and Download the Judgment 

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