Nominee
VINOD
(Querist) 17 October 2016
This query is : Resolved
recently it was in the news that a nominee registered with a cooperative society cannot be denied ownership in the society.no legal heirhip certificate is required for it.this is a supreme court judgement. i would like to know will this judgement also be applicable in maharashtra ? details pls.
Devajyoti Barman
(Expert) 18 October 2016
academic query........no reply.
make your own efforts get the same.
Ms.Usha Kapoor
(Expert) 18 October 2016
Yes! Supreme Court Judgment is the law of the land and is binding on all citizens of the country.Yes! It is binding on all Sates in India including Maharashtra.If you appreciate this reply please click the thank you button on my profile.
malipeddi jaggarao
(Expert) 18 October 2016
If there is such judgement, it is applicable everywhere.
Guest
(Expert) 18 October 2016
News is just a news, unless some authentic documents is presented for analysis.
If you like to know the judgement to be applicable in maharashtra, place the extract of judgment here or the reference to case No. of the court concerned.
Guest
(Expert) 18 October 2016
I would like to differ with opinion of Ms. Usha Kapoor, as not every judgment of Supreme Court becomes binding on on all citizens having no universal application, unless specifically directed so by the SC or made part of the statute by the Government of India or any state.
Judgments become applicable only to the case concerned. However any such judgment can be taken as model by a court of law for its decision if that finds similarity of characteristics, nature and circumstances of that case pertaining to the judgment.
Hemant Agarwal
(Expert) 18 October 2016
CIVIL APPEAL No.4646 OF 2006 (Supreme Court)
INDRANI WAHI vs REGISTRAR OF COOP. SOCIETIES
1. The abovementioned Supreme Court Judgement, is applicable "ONLY & ONLY" for issue under the "West Bengal Cooperative Societies Act".
2. Here too the judgement DOES NOT give absolute Title-Ownership Rights to the Nominee BUT only possession, with liberty to the legal heirs to activate the Succession laws, to claim the property.
3. The judgement is NOT applicable for/under the Maharashtra Coop. Societies Act.
4. A Title-Ownership Property of the Deceased CANNOT be transferred /sold /gifted /whatever, on the basis of a plain Nomination AND NEITHER CAN IT OVERRIDE THE VARIOUS SUCCESSION LAWS.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 18 October 2016
Rightly observed by Shri Hemant Agarwal.
Kumar Doab
(Expert) 18 October 2016
Agreed with Expert Mr. Hemant Agarwal.
Kumar Doab
(Expert) 18 October 2016
As advised by Expert Mr. Devajyoti Barman put in efforts.
Go thru extent society rules that are applicable in your case.
Preferably consult a very able counsel well versed with society rules and specializing in such matters.
Rajendra K Goyal
(Expert) 18 October 2016
Well advised by the expert Hemant Agarwal, can proceed accordingly.
R.K Nanda
(Expert) 18 October 2016
Nothing to add more.
VINOD
(Querist) 22 October 2016
I thank you all for having replied to my query.I am kind of stuck in a legal problem of similar nature and understand from the supreme court judgement that its still open to the other heir to pursue for inheritance if he wishes but till he does so it is clear that the flat is transferred to the daughter and she becomes the absolute owner of the same. Even if the court declares one as a legal heir of a deseased person he also does not become the absolute owner of a property and his certificate is likely to be revoked by the court if someeone else proves to be a closer relative of the deceased. please differ with me if i am wrong that there is no judgement or certificate issued by the court that cannot be challenged but for now i believe the supreme court's order is likely to be binding on all in the country till its challenged. any difference would enlighten me on the issue. please do not take this reply as an offence to anyone.
Guest
(Expert) 22 October 2016
You are welcome. The position has already been made clear. Order becomes binding only in the trial case.
Kumar Doab
(Expert) 22 October 2016
Para 19 & 20 are self explanatory.
