Coop society transfered flat to nominee inspire of legal obj

yes issue a notice and file a case 

Under what sections the case should be filed?

It is a civil dispute. The Housing Society transferred the property to the Nominee and it is for the nominee to ensure that all legal heirs are given their due share. If the nominee is not acting, other legal heirs can file a civil case against the Nominee to perform his duty.

The housing society is bound by the 'Nomination clause" and should transfer property in the name of the nominee unless there is a court order prohibiting such transfer.  The nominee is only a trustee and if any other co-sharers interest is adversely affected, he should claim his share from the trustee/nominee through the process of the court..  Co-op society has no role to play and they have properly discharged their functions by transferring their records in the name of the nominee and such transfer is not giving ownership and their certificate is not a legally valid title deed.  Ultimately the rights on the civil property have to be decided by the court on the basis of partition suit claims.

The cooperative housing society cannot transfer the house property to the nominee, it would have transferred the share certificate in the name of the nominee.

The share certificate is not a title document.

If you are one of the legal heirs you can file a suit for partition to claim your legitimate share in the property properly divided by metes and bounds and also an injunction order against the nominee to restrain him from alienating or encumbering the property in any manner.

The action of the Cooperative Society is lawful in terms of the decision of the Supreme Court in Indrani Wahi vs. Registrar of Coop. Societies & Ors. It has been held -

"19. Insofar as the instant aspect of the matter is concerned, there is no doubt in our mind, that even Rules 127 and 128 of the 1987 Rules, lead to the inference, that in case of a valid nomination, under Section 79 of the 1983 Act, `the Cooperative Society' is liable to transfer the share or interest of a member in the name of the nominee. We hold accordingly"

No criminal charges could be brought against the Society. The remedy, available for the other legal heirs has been suggested by the apex Court in the concluding lines of the judgment -

"20. ..................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."

Well analysed and advised by expert Mr. P Venu, I agree and appreciate.

Although Cooperative Societies Act is a State subject, which may vary to some extent.

In any case Managing Committee of a cooperative society shall transfer share of deceased member to his/ her nominee, which has no relevance with title of the property/ flat.

Title of the property shall devolve upon in accordance with personal succession law of the deceased member