Summary: The Bombay High Court canceled a previous decision allowing a housing society to transfer property ownership without the agreement of all property owners, pointing out that not everyone involved was given a fair chance to speak and that there were mistakes in the process.
Gerald Michael Misquitta and others challenged an order from May 28, 2014, by the District Deputy Registrar of Co-operative Societies in Mumbai. This order let Priya Co-operative Housing Society proceed with transferring property ownership in Vile Parle, Mumbai, without the consent of all owners.
The land, about 677.90 square meters in size, originally belonged to the Misquitta family. Gerald Misquitta and other family members, including Respondents 6 to 11, shared ownership. However, the application for the property transfer did not include all co-owners, leading to the dispute.
The Priya Co-operative Housing Society, made up of apartment buyers, applied for the property transfer because the developer, M/s. A.K. Associates, failed to officially transfer the land ownership. The society only wanted the right to lease the land, not full ownership.
Gerald Michael Misquitta's Stand: Gerald Misquitta and others argued they were not given a chance to voice their concerns, which was unfair. They stressed that all owners should be part of the property transfer application.
Society's Stand: The Priya Co-operative Housing Society argued that they only wanted lease rights, which did not change the ownership rights of the Misquitta family.
Fair Hearing: Justice Dr. Neela Gokhale decided that the authority in charge did not give everyone involved, including the Misquitta family, a fair chance to be heard.
Mistakes in Process: The court found that the application included only six legal heirs, leaving out others, and did not have the right paperwork for lease agreements.
Order Canceled: The court canceled the previous order and the property transfer, ordering a new hearing with everyone involved.
The parties are required to meet with the authority in charge on March 9, 2026, for a new decision. The authority is encouraged to settle the matter within two months, making sure everyone has a fair chance to present their side.
"The principles of natural justice are to be strictly followed," emphasized Justice Gokhale, highlighting the need for fairness in the process.
This judgment highlights the importance of including everyone involved in legal matters and ensuring fair treatment for all.
