Maharashtra cooperative societies act
Vijay
(Querist) 02 March 2016
This query is : Resolved
'A' was member of a housing society and in 1973 gave nomination of 'b & c' who are not related to 'A'
After death of 'A' membership in the records of society was transferd in 1994 in the name of 'b&c' on the basis of nomination.
My questions :
1) 'b&c' gave nomination of n & m.
2) 'b&c' expired in 2013.
3) One man 'S' claiming to be legal heir of first original member filed an application u/s 25a of MCS Act with Dy Registrar for deletion of names of 'b&c' on the pretext that they were nominee members and are dead AND they cant give further nomination as they themselves were nominee member? Is 'S' right in his application? Can he claim membership of society through deputy registrar claiming to be legal heir of 'A'.
3 ) can deputy registrar decide the heirship or ownership rights of a property in Maharastra coop soc act?
P. Venu
(Expert) 03 March 2016
A nominee is a trustee on behalf of the legal heirs.
The title of 'S' as the legal heir could be decided, in my opinion, only by a civil court.
Rajendra K Goyal
(Expert) 03 March 2016
after the death of the owner property belong to legal heirs and not to nominees which are trustee of the legal heirs.
Vijay
(Querist) 13 March 2016
If the nominee refuses to surrender the membership in favour of legal heirs, what are the ways out for the legal heirs tp claim the membership.
Can deputy registrar adjudicate rights of the legal heirs? Or only civil court is the remedy ? What if society refuses to recognise a person as a legal heir?
