Secretary of my housing society in Pune says that two adult witnesses on flat nomination form cannot be husband and wife because they belong to same family.
Is he right ?
Thanks
Sunil Verma
Sunil 11 December 2023
Secretary of my housing society in Pune says that two adult witnesses on flat nomination form cannot be husband and wife because they belong to same family.
Is he right ?
Thanks
Sunil Verma
Dr. J C Vashista (Advocate ) 12 December 2023
No, it is incorrect.
Wife and husband are two different persons and they can be witness to a nomination, there is no legal infirmity..
Sunil 12 December 2023
Thank you sir for your prompt reply.
Real Soul.... (LEGAL) 12 December 2023
That is stupid ,,, witness can be anyone with sound mind be that husband -wife or father -son
Sanskriti Tiwari 12 December 2023
In the context of housing society nomination forms, it's crucial to understand the legal nuances. The nomination forms for housing societies are governed by the Maharashtra Cooperative Societies Act, 1960.
While the Act doesn't explicitly prohibit husband and wife as witnesses, certain societies might have their own bylaws or rules in place. However, the objection raised by the secretary of your housing society might not have a solid legal basis.
The Indian Evidence Act, 1872, doesn't disallow spouses from being witnesses for each other in general situations. Similarly, there isn't a specific prohibition in the Maharashtra Cooperative Societies Act barring spouses from being witnesses on nomination forms.
It might be helpful to refer to specific bylaws or rules of your housing society for clarity as individual societies can enforce their own rules within certain reasonable bounds. Therefore, it's advisable to explore the situation within the context of your society's regulations.
Sunil 13 December 2023
Thank you very much for your efforts in answering so clearly.
Sunil Verma