Legal Heir Succession to Self-Draw Housing Allotment Permissible Upon Submission of Prescribed Membership Transfer Documents

The Petitioners, legal heirs of Late Mrs. Kailash Kumari, sought regularization of the allotment of Flat No. C-104 in the Mandakini Co-operative Group Housing Society

The membership of the deceased was granted in 2004, but she was excluded from the DDA draw of lots, leading the Society to conduct a "self-draw" where she was allotted the flat

Although the RCS initially questioned the validity of self-draws, the Hon’ble Lieutenant Governor upheld such draws in 2011, a position affirmed in Manohar Lal & Anr. Vs. The Registrar

Following the member’s death on June 19, 2024, the RCS requested specific documents for membership transfer but raised concerns in their reply that a self-draw allotment might be contrary to law

1. Whether the allotment of Flat No. C-104 via a self-draw process can be regularized and transferred to the legal heirs of the deceased member

2. Whether the Petitioners are entitled to membership transfer upon submission of the documents prescribed by the RCS

The court relied on the administrative decision of the Hon'ble Lieutenant Governor dated October 17, 2011, which regularized self-draw of lots conducted by societies

It further applied the precedent set in Manohar Lal & Anr. Vs. The Registrar, Co-op Group Housing Society and Ors. (W.P.(C) 519/2012), which upheld the validity of such self-draws

The procedural requirements for the transfer of membership to legal heirs were governed by the RCS regulatory guidelines, necessitating documents such as the Death Certificate, Surviving Member Certificate, and Society Management Committee resolutions

The Court noted that the primary hurdle raised by the RCS—the validity of the self-draw—had already been settled by the Lieutenant Governor’s 2011 decision and subsequent judicial precedent

Despite the RCS’s lingering objection in its reply regarding the "validity" of the initial membership, the Court observed that the RCS was willing to process the regularization if specific documentation was provided

The Court reasoned that since the underlying allotment method (self-draw) had been legally recognized, the RCS should proceed with the transfer of membership to the legal heirs (the Petitioners) provided the technical documentation (Death Certificate, Share Certificate, etc.) was in order

The Court disposed of the petition by directing the Petitioners and the Society's office bearers to appear before the RCS on June 16, 2026, with the necessary documents. The Registry was directed to serve the order on the Society to ensure compliance