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Anil Agrawal (Retired)     04 August 2015

Nomination

A society has transferred a flat without a valid nomination form and also got it ratified by the general body. Registrar of Coop Soc says he has no power to annul the resolution of GB. What is the remedy?



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 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 August 2015

If the decision of the committee or general body meeting, on the application for the transfer of shares and interest in the capital or property of the society is not communicated to the applicant within three months of its receipt, the transfer application will be deemed to have been accepted and the transferee will be deemed to have been admitted as a member of the society .

Any transfer made in contravention of the Act, rules or the bye-laws will be void and will not be effective against the society. The transferee will be eligible to exercise the rights of membership on receipt of a letter in the prescribed form from the society.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     06 August 2015

You are giving incomplete information and expect us to presume things. Sorry at least I cannot do that. If anyone else tries, you will get half-baked replies which will not help you or even lead you into further difficulties.

You speak about valid nomination. You have not stated the circumstances under which the question of transfer to nominee or non-nominee arose. Is it that owner of a flat died and he had filed no nomination with the Society before his death or you claim that the alleged nomination was not valid for any reason? Was the person to whom the flat was transferred the sole or one of the heirs of the deceased?  Do you claim any right over the flat? In which State and city is your Society? 


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