Supreme Court of India · 2004-04-16
GAYATRI DE vs MOUSUMI COOP HOUSING SOCIETY LTD .
- Citation / case number
- SC 1998/2190
- Court
- Supreme Court of India
- Petitioner
- GAYATRI DE
- Respondent
- MOUSUMI COOP HOUSING SOCIETY LTD .
- Author
- AR. Lakshmanan
- Bench
- S. RAJENDRA BABU,DR. AR. LAKSHMANAN,G.P. MATHUR.
Judgment text excerpt
The Supreme Court held that the legal heirs of a deceased member of a housing society are entitled to possession of the flat upon fulfilling all dues, as per the provisions of the Society's bylaws. The Court emphasized that the consent of all legal heirs is crucial for the transfer of possession, and the Special Officer's actions must align with the Society's regulations. The appeal was allowed, directing the Society to grant possession of Flat A-2 to the appellant, representing the legal heirs of the deceased member.