Transfer in housing society

Querist : Anonymous (Querist) 30 September 2011 This query is : Resolved
I want to understand the diff between the Transfer of Property Act & co op housing Society's ACT (AS PER THE sOCIETY'S ACT IN CASE OF VALID NOMINATION THE SIAD FLAT IS TRANSFER TO THE NOMINEE AFTER THE DEATH OF THE MEMBER BUT AS PER THE LAW THE NOMINEE IS NOT THE LEGAL HIRE.THEN HOW TO PROTECT THE RIGHT OF LEGAL HIRE

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ajay sethi (Expert) 30 September 2011
simple. in case you own a flat in cooperative society have wil made that on your death property will devlove to your legal heirs mentioned in will .

a nominee is only a trustee . if nomination is made by flat owner on death of flat owner nominee holds flat in trust for all legal heirs

prabhakar singh (Expert) 30 September 2011
i agree with Mr.Sethi.

Guest (Expert) 30 September 2011
Both the co-op societies act and the transfer of properies act are for distinctive purposes.

The socities perform their business within the scope of the socieites act and have to transfer property on death of a member to his nominee, as appointed by him during his life time. The societies cannot act upon the properties act at their own, as the operation & execution of that lie within the domain of the courts of law to settle property disputes.

So, dispute, if any arises on ownership about a property transferred on nomination basis by the society, in that case the transfer of properties act would prevail over the societies act in the case of disputed properties, but only at the appropriate order of the competent court of law.

Sailesh Kumar Shah (Expert) 30 September 2011
I agree with common opinions of all the Experts.

Shastri J.K. (Expert) 30 September 2011
i agreed with Expert's explanation.

Chanchal Nag Chowdhury (Expert) 02 October 2011
The TP Act is not much of a use in such cases, the Succession Act is. Check local co-op societies laws.

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