Status of a "nominee" in a co-op. house building society
yeteendra naidu
(Querist) 27 February 2017
This query is : Resolved
What is the status of a "NOMINEE",now-, in a co-operative house building society, in the light of Supreme Court judgement in Civil Appeal 4646 of 2006 between Indrani Wahi and Sarbar View Co-operative Housing Society dated March 10, 2016 ?And what is the fate of nominees who have been termed as "trustees" and not given their rights in a number of earlier cases. Can those who lost their rightful assets earlier demand their rights now in a court of law quoting the above cited SC judgement.Please throw some light on the exact meaning of "that the rights of others on account of an inheritance or succession is a suservient right". --Please clarify and guide us as to how to go about in such cases unresolved and still pending in different courts including Supreme Court.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 27 February 2017
1. Yes nominee market trusty when other heirs are survivors.
2. If Judgement is retrospective, they can claim for deprived share
3.if case is pending, u need to wait n see the verdict
Kumar Doab
(Expert) 27 February 2017
As per extent society rules (in the state) the society ( in the state) may transfer shares to Nominee.
Legal heirs can claim from Nominee.
(Nominee should pass onto legal heirs)
yeteendra naidu
(Querist) 27 February 2017
the rights of others on account of an inheritance or succession is a suservient right".---- what does this mean.
I request you to go thriugh the full judgement and express your valuable opinion as what I have learnt from reliable sources is that ___"Nominee of Deceased Member is absolutely entitled for the ownership by transfer, Co-op. Society can't challenge the right of Nominee, a settled Law of the land. No legal heirship, Court Order or Succession Certificate is required"
Ref: http://supremecourtofindia.nic.in/FileServer/2016-04-19-1451073219.pdf
yeteendra naidu
(Querist) 27 February 2017
the rights of others on account of an inheritance or succession is a suservient right".---- what does this mean.
I request you to go thriugh the full judgement and express your valuable opinion as what I have learnt from reliable sources is that ___"Nominee of Deceased Member is absolutely entitled for the ownership by transfer, Co-op. Society can't challenge the right of Nominee, a settled Law of the land. No legal heirship, Court Order or Succession Certificate is required"
Ref: http://supremecourtofindia.nic.in/FileServer/2016-04-19-1451073219.pdf
yeteendra naidu
(Querist) 27 February 2017
the rights of others on account of an inheritance or succession is a suservient right".---- what does this mean.
I request you to go through the full judgement and express your valuable opinion, as what I have learnt from reliable sources is that ___"Nominee of Deceased Member is absolutely entitled for the ownership by transfer, Co-op. Society can't challenge the right of Nominee, a settled Law of the land. No legal heirship, Court Order or Succession Certificate is required"
Ref: http://supremecourtofindia.nic.in/FileServer/2016-04-19-1451073219.pdf
yeteendra naidu
(Querist) 27 February 2017
the rights of others on account of an inheritance or succession is a suservient right".---- what does this mean.
I request you to go through the full judgement and express your valuable opinion, as what I have learnt from reliable sources is that ___"Nominee of Deceased Member is absolutely entitled for the ownership by transfer, Co-op. Society can't challenge the right of Nominee, a settled Law of the land. No legal heirship, Court Order or Succession Certificate is required"
Ref: http://supremecourtofindia.nic.in/FileServer/2016-04-19-1451073219.pdf
Rajendra K Goyal
(Expert) 28 February 2017
Please state the facts of particular problem if any you are facing.
Guest
(Expert) 28 February 2017
Well Questioned by Madam RK Goyal
Rajendra K Goyal
(Expert) 28 February 2017
In many threads expert used Mrs/Mr/Ms/Child before addressing me, please use Mr. before my name.
Rajendra K Goyal
(Expert) 28 February 2017
Some experts are very serious to increase no. of posts through vague / unwarranted / irrelevant posts. A good method to increase replies without having legal knowledge
Guest
(Expert) 28 February 2017
Agree with Madam Goyal
Kumar Doab
(Expert) 01 March 2017
Thanks for agreeing Mr. Usha Kapoor.
Hemant Agarwal
(Expert) 13 March 2017
Kindly prefer to visit the following link, for answers to most of the queries relating to "Nomination in Housing Society"
http://www.lawyersclubindia.com/articles/Analysis-on-Nomination-in-housing-society-7787.asp
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
