Delhi HC: Housing Society Nominee Can Be Non-Family Member

Here's a quick rundown: The Delhi High Court decided that a member of a co-operative housing society can choose anyone, not just family, to take over their membership rights. This happened after Ranjana Rajagopalan challenged the rules that seemed to limit choices to family members.

The Case Background

Ranjana Rajagopalan, a single woman with no close family, wanted to choose Ms. Gayatri Kumari, who isn't a family member, as her nominee in a housing society in New Delhi. However, her request was turned down by the society on December 26, 2020, because of a rule that required nominees to be family members.

Legal Arguments

• Ranjana Rajagopalan's Stand: Ranjana argued that the Delhi Cooperative Society Rules 2007, especially Rule 91 and Form 17, were not fair. She claimed these rules went against the main Act, which didn't strictly limit choices to family members.

• Lt. Governor of Delhi & Others' View: The society and government argued that the rules were valid, matching other laws that limit choices to family members to keep things orderly and protect interests.

Court's Analysis

• Section 78 Interpretation: The court found that Section 78 of the Delhi Cooperative Societies Act, 2003, allows for choosing any person when it's a single choice. The family member restriction applies only if more than one person is chosen.

• Rule 91 and Form 17: Although these seemed to require a family member for all choices, the court clarified they should match the Act, which doesn't restrict single choices to family members.

Key Judgement Points

• Choice Flexibility: The court decided that for a single choice, there's no need for them to be a family member. This decision highlights the right to property and choice flexibility.

• Constitutional Rights: The court emphasized that any limit on choosing someone must be closely examined under constitutional rights, especially Article 300A.

Summary of the Verdict

The court allowed Ranjana Rajagopalan to choose Ms. Gayatri Kumari as her nominee, setting an example that members can choose non-family members, as long as it's a single choice. This decision was announced on December 16, 2025, by Justices Navin Chawla and Madhu Jain.