Indian Kanoon - Search engine for Indian Law

Regarding issue Nos. (d) to (f)

20. It is common ground that the deed regarding allotment of plot to a member of the Society required registration. The allotment of the subject plot in favour of the appellant’s mother was accordingly, registered in the office of the Sub-Registrar (Registration). The subject plot was allotted to the appellant’s mother consequent to her admission as a member of the Society. As the allotment of the plot by the Society creates and transfers rights in an immovable property, the deed of allotment was required to be registered. But if the member failed to comply with the stipulation of allotment, it would be open to the Society to cancel such allotment and including the membership of that member. In that event, it may become necessary for the Society to execute an Extinguishment Deed qua such allotment deed operating in favour of the concerned member. For, mere cancellation of membership may not be enough. The Society could extinguish the right, title or interest in the immoveable property belonging to the Housing Society, by executing an Extinguishment Deed for that purpose.