Siddhi 17 June 2024
T. Kalaiselvan, Advocate (Advocate) 17 June 2024
The SC judgment what you refer here is ambiguous, until and unless the judgement is perused or what your exact problem is known, no proper opinion can be rendered.
Dr. J C Vashista (Advocate ) 18 June 2024
Can you post title and ratio of judgment referred ?
VENKATA MOHANA RAO PATHAKOTA (PRACTICING ADVOCATE AT SUPREME COURT AND HIGH COURTS) 18 June 2024
Nominee is only a person who is the custodian to pass on the benefits to the legal heirs and he may not be a beneficiary unless untill he is also a beneficiary.
Siddhi 19 June 2024
Dr. J C Vashista (Advocate ) 20 June 2024
Originally posted by : Siddhi
https://supremecourtofindia.nic.in/FileServer/2016-04-19_1461073219.pdfwww.makeinindialawfirm.com
Is it a citation ??????
P. Venu (Advocate) 20 June 2024
It appears that the querist is referring to the decision of the Supreme Court of India in the case of Indrani Wahi v. Registrar of Cooperative Society & Others in Civil Appeal No. 4646 of 2006 where in it was 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.
20. Having recorded the above conclusion, it is imperative for us to deal with the conclusion recorded in paragraph 6 (already extracted above) of the judgment of this Court in the Usha Ranjan Bhattacharjee case (supra). In this behalf, 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.
The above decision had been given in the light of the provisions of the West Bengal Cooperative Society Act and Rules thereunder. While holding that the the Cooperative Society is laible to transfer the property to the nominee, it is open to the other legal heir(s) to pursue their case of succession or inheritance in consonace with law.
Siddhi 20 June 2024
T. Kalaiselvan, Advocate (Advocate) 21 June 2024
If you are entitled for a share in the property you can very well claim your share in the property on the basis of your rights of inheritance or succession.
The judgment what you referred was only a direction to the society to transfer the property to the nominee whereas the nominee is just a trustee hence he has to transfer inturn to the legal heirs
Siddhi 21 June 2024