Self-draw allotment recognition requires prior Section 28 membership transfer through the cooperative society.

The petitioner, Mrs. Manchali Johri, sought confirmation of the allotment of Flat No. 89, Shankar Co-operative Group Housing Society Ltd., Plot No. 4, Sector-15, Rohini, Delhi.

Her husband, Mr. Mukesh Johri, was the original member of the Society and was allotted the flat through a self-draw of lots on 22 December 1996; possession was delivered on 13 June 1999.

He died on 10 October 2019, leaving behind the petitioner and their daughter, Ms. Neelika Johri, who had no objection to transfer of the flat in the petitioner’s favour.

Although the Society had issued a share certificate to the petitioner’s husband, the Registrar of Co-operative Societies (“RCS”) had not confirmed the allotment.

The RCS stated that the Society had not forwarded the husband’s membership details and that the transfer and confirmation process had to be routed through the Society.

During the proceedings, the RCS relied on its Circular dated 4 June 2026, providing a one-time opportunity for recognition of self-draw allotments made by eligible co-operative group housing societies.

1. Whether the petitioner could obtain transfer of her deceased husband’s membership and interest in the Society under Section 28 of the Delhi Co-operative Societies Act, 2003.

2. Whether, after such transfer and issuance of a share certificate in her favour, the petitioner could apply through the Society for recognition of the self-draw allotment and confirmation of the flat allotment under the RCS Circular dated 4 June 2026.

The Court applied Section 28 of the Delhi Co-operative Societies Act, 2003, which governs the transfer of a member’s interest in a co-operative society, including the procedural requirement of obtaining transfer through the Society.

It further applied the RCS Circular dated 4 June 2026, under which eligible co-operative group housing societies that had conducted self-draws up to 2010 could submit requisite information for recognition and regularisation of such allotments.

The Court treated these provisions as requiring a two-stage process: first, transfer of the deceased member’s membership and interest to the petitioner; and second, submission through the Society for recognition of the self-draw and issuance of an allotment letter.

The Court accepted that the petitioner could not obtain direct confirmation from the RCS because the Society had not transmitted the original allottee’s membership particulars.

Accordingly, the statutory mechanism under Section 28 had to be followed first, requiring the petitioner to apply to the Society for transfer of her husband’s membership and interest and requiring the Society to verify the supporting documents.

Once the petitioner obtained the share certificate, the Court permitted her to submit an application through the Society under the RCS Circular.

Although the circular’s original deadline had expired, the Court extended permission in view of the undisputed initial allotment in favour of the petitioner’s husband and the petitioner’s status as his wife.

The RCS was thereafter directed to confirm the allotment upon receipt and verification of the complete application.

The RCS was directed to confirm the allotment in the petitioner’s favour by 31 January 2027 after receiving and verifying the complete application.

The petitioner was granted liberty to approach the Court if the directions were not complied with.