Heritable flat rights under cooperative law and writ review of statutory action affecting heirs

A cooperative statute may treat an apartment in a multi-storied building as heritable and transferable immovable property, so a deceased member's interest can devolve on legal heirs where no nominee exists. The society's role is then to process transfer of that interest under the statutory procedure, rather than treat the matter as a fresh admission to membership. The text also states that action by a Special Officer exercising statutory powers can be challenged in writ jurisdiction when civil rights are affected and the decision is alleged to be arbitrary or illegal. It further notes that re-allotment on the ground of delay in naming a single heir was not justified.

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Issues: Whether an apartment allotted to a deceased cooperative society member was heritable and transferable in favour of the legal heirs; whether the society could re-allot the flat ignoring the heirs' claim; and whether a writ petition lay against the Special Officer acting under the statute.

Analysis: The statutory scheme treated a member's flat in a multi-storied building as heritable and transferable immovable property. On the member's death, in the absence of a nominee, the deceased member's share or interest was to devolve upon the heirs and legal representatives in accordance with the Act, and the society was required to deal with the transfer of such interest in the manner prescribed by the statute. The Court found that the question was not one of fresh admission to membership but of devolution and transfer of the deceased member's existing interest. It also held that the Special Officer, appointed and acting under the Act, was discharging statutory functions and that a writ was maintainable against such action, particularly when the impugned decision affected civil rights and was alleged to be arbitrary and illegal.

Conclusion: The flat and the deceased member's interest therein were held to be inheritable by the legal heirs, and the re-allotment on the ground of delay in nominating a single heir was not justified. The writ petition was maintainable.

Final Conclusion: The appeal was allowed and the judgment of the Division Bench was set aside, with relief granted to the appellant on the deceased member's inheritable interest in the flat and on maintainability of the writ remedy.

Ratio Decidendi: Where the governing cooperative statute treats a flat as heritable and transferable property, the deceased member's interest devolves on the legal heirs in the absence of a nominee, and statutory action affecting that interest by a special officer appointed under the Act is amenable to writ jurisdiction.

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