Nomination in co-operative societies
yeteendra naidu
(Querist) 22 April 2016
This query is : Resolved
Referring to a news item in yesterday's (21/04/2016) Times of India on the first page with headline "DAD CAN GIVE PROPERTY TO MARRIED DAUGHTER OVER SON AND WIFE": .S.C.".
Kindly throw some light on this, What was till now considered as Nominee was always portrayed as Trustee, with only part ownership rights, why all of a sudden this change and what is the fate of all those who did not get their full share as Nominees, Can they claim or recover their properties till now divided among other legal heirs of the family.
The recitation on the nomination form is no different from a "WILL" saying that "after my death all the shares and interests may be transfered to the nominees" witnessed by 2 witnesses and admitted by the co-op. society. Then why was this misinterpreted by lower Courts and Lawyers till now. Please analyse the SC judgemnt and educate us.
V R SHROFF
(Expert) 22 April 2016
ACADEMIC qUERY// PL GO TO fORUM
P. Venu 
(Expert) 22 April 2016
Though this item should have been posted in the forum, the matter is worth some discussion.
The reading of the report suggests that the SC's decision on the question whether a married is a member of the family. The concluding part of the report also states, "Holding that the cooperative society had no option but to register Indrani as the owner of the flat, the SC bench said it would be open to Sengupta's son to pursue his case of succession or inheritance in other forum."
As such any conclusion would be hasty unless the entire judgment is studied.
Kumar Doab
(Expert) 22 April 2016
Neither the full news nor the judgment ( not even the link ) is posted in this query.
So far it has been believed that nomination in society is not a parallel route to succession.
Kumar Doab
(Expert) 22 April 2016
The news can be seen at:
http://www.pressreader.com/
'The right of others on account of inheritance and succession is a subservient right"
Sec;79 of the West Bengal Co-op societies Act, 1983 is referred.
It would certainly be a good discussion.
The experts and seniors are requested to moderate thew thread.
P. Venu
(Expert) 22 April 2016
The news could be read at http://timesofindia.indiatimes.com/india/Father-can-give-property-to-married-daughter-Supreme-Court-says/articleshow/51918018.cms as well.
However, the judgment is not yet uploaded at judis.nic.in
H.M.Patnaik
(Expert) 22 April 2016
As suggested by a learned Expert though it is an academic query, the judgement may develop into a settled law making a difference to how we altogether looked at indirect route to inheritance and succession.
Kumar Doab
(Expert) 22 April 2016
Expert Mr. Venu has already posted that the said judgment is not posted at, judis.nic.in
The experts and seniors are requested to post the link in the thread when the judgment is available and moderate the discussion.
