Supreme court verdict on the validity of nominee
Manoj Kumar Singh
(Querist) 12 February 2018
This query is : Resolved
Dear All
In 2016 in the case matter of Indrani Wahi ( Appellant ) Vs Registrar of Coop. Societies & ORS (Respondents ) with Civil Appeal No. 4930 of 2006 ( Page 20 of the judgement) the decision has come as under :
" Nominee of Deceased Member is absolutely entitled for the Ownership by transfer, Co-op. Soc. can't challenge the right of Nominee a settled Law of the land. No legal heirship, court order or succession certificate is required.
The Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee, in consonance with Sections 79 and 80 of the 1983 Act (read with Rules 127 and 128 of the 1987 Rules). That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.
It shall however, be open to the other members of the family, to pursue his case of succession or inheritance, in consonance with law.
Here my query is whether the above Supreme Court Verdict will also be applicable in the case of MCS Act(Maharashtra Cooperative Soc. Act) as in the above case the judgement has been made against West Bengal Coop Soc. Act Act
Please revert on the same at the earliest.
Thanks & Regards
Manoj Kumar Singh
Mob
Guest
(Expert) 12 February 2018
Society is neither the interpreter of law, nor a judicial authority to decide otherwise than the wishes of the nominating member of the society during his life time. The society has necessarily to act according to the nomination made by the deceased during his life time. No other option.
Ms.Usha Kapoor
(Expert) 13 February 2018
If Supreme laid down such a law it requires reconsideration. Nominee is not at aol the owner. He is a mere trustee and after legal heirs come in to picture hands over the properties held by him to legal heirs after the death of testator or otherwise .THIS IS THE SETTLED LAW.
Ms.Usha Kapoor
(Expert) 13 February 2018
If Supreme laid down such a law it requires reconsideration. Nominee is not at aol the owner. He is a mere trustee and after legal heirs come in to picture hands over the properties held by him to legal heirs after the death of testator or otherwise .THIS IS THE SETTLED LAW.
Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=822383
Kumar Doab
(Expert) 13 February 2018
Mrs. Usha Kapoor is right.
Kumar Doab
(Expert) 13 February 2018
Calcutta High Court
Smt. Indrani Wahi vs The Registrar, West Bengal ... on 24 March, 2004
https://indiankanoon.org/doc/1419680/
Indrani Wahi Vs. Registrar of Cooperative Societies & Ors.
20. ………….. it is necessary to clarify that transfer of share or interest, based on a nomination under Section 79 in favour of the nominee, is with reference to the concerned Cooperative Society, and is binding on the said society.
The Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee, in consonance with Sections 79 and 80 of the 1983 Act (read with Rules 127 and 128 of the 1987 Rules). That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.
Insofar as the present controversy is concerned, we therefore hereby direct 'the Cooperative Society' to transfer the share or interest of the society in favour of the appellant - Indrani Wahi. It shall however, be open to the other members of the family (presently only the son of Biswa Ranjan Sengupta - Dhruba Jyoti Sengupta; we are informed that his mother - Parul Sengupta has died), to pursue his case of succession or inheritance, if he is so advised, in consonance with law.
http://www.advocatekhoj.com/library/judgments/announcement.php?WID=7338
Here 1983 Act is ……West Bengal Cooperative Societies Act, 1983.
And the said right…… is by said rule…….. of the said society.
Does MCS Act have said provision by Sections 79 and 80 of the 1983 Act (read with Rules 127 and 128 of the 1987 Rules)?
Or by any section of any rule in MCS Act?
Dr J C Vashista
(Expert) 14 February 2018
The law laid down by Supreme Court is final and binding under Article 141 of the Constitution of India.
Misinterpretation of judgment by some fake and impersonating experts may invite contempt of court.
Hemant Agarwal
(Expert) 27 December 2018
1. Check out the following link, for answers to all your probable questions:
http://chshelpforum.com/nomination-in-chs
http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Guest
(Expert) 27 December 2018
Nominee - is the person appointed by the deceased to care of his/her property or bank account or what ever it may be as nominee. Even when the Bank deposits or property comes to the nominee he/she will have no rights of it. Nominee is just a responsibility to take care and distribute it morally and legally to the legal heirs.If nominee is also a Legal Heir he could retain only the eligible share . Supreme Court is Right in handing over and then the responsibility would be with nominee in dividing the share.Serve a Legal Notice to the Nominee to get the shares divided among the Legal Heirs.
