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Nina (Self)     04 April 2014

Flat nominee vs legal heir

My father owned a flat in Mumbai, in a co-operative housing society, and passed away without a will. My mother is deceased. My sibling and I are the inheritors of this property.

My sibling was the nominee and after my father's demise the share certificate for the flat was transferred to her name. My sibling currently resides in this flat while I do not. On account of being a legal heir (entitled to 50%) of the property do I still have a right to this property. I read somewhere that as per laws in Maharashtra the nominee inherits the property and not the legal heirs. Is this true? Please advise. Also, do I have any legal recourse? 



 1 Replies

Kumar Doab (FIN)     04 April 2014

Probably you are referring to the “Section 30 of Maharashtra Co-operative Societies Act, 1960” and probably you are a Hindu by faith.

If yes you should succeed to get equal share in the estate of the deceased father.

However you may consult a lawyer handling such cases with all documents on record, and also stake your claim properly with the society and follow the rules and guidelines to get your share.

>>> Under Section 30 of Maharashtra Co-operative Societies Act, 1960, upon death of a member of a society his/her shares are transferred to the nominee, but such transfer does not imply transfer of the property contained under the shares of the society. The nominee is merely a trustee for the deceased person’s estate.

 

https://lj.maharashtra.gov.in/Sitemap/lj/pdf/Maharashtra%20Act/Mah.%20Code%20Vol.5%20Acts%201960-1963/Acts%20of%201961/Mah.Act%2024%20of%20%201961,%20Co-operative%20Societies%20Act,%201960.PDF

 

>>> Bombay High Court

Ramdas Shivram Sattur vs Rameshchandra @ Ramchandra

https://indiankanoon.org/doc/371108/?type=print

 

 

8. “intention of the section is to provide for who has to deal with the society on the death of a member and not to create a new rule of succession. The purpose of the nomination is to make certain the person with whom the society has to deal, and not to create interest in the nominee to the exclusion of those who in law will be entitled to the estate. The purpose is to avoid confusion in case there are disputes between the heirs and legal representatives and to obviate the necessity of obtaining legal representation and to avoid uncertainties as to with whom the society should deal to get proper discharge. Though, in law, the society has no power to determine as to who are the heirs or legal representatives, with a view to obviate similar difficulty and confusion, the section confers on the society to determine who is the heir or legal representative of a deceased member and provides for 8

transfer of the shares and interest of the deceased members'property to such heir or legal representative. Nevertheless, the persons entitled to the estate of the deceased do not lose their right to the same.”

 

9.“Section 30 does not lay down any special rule of succession of properties of a deceased member overriding the general rules of inheritance prescribed by the personal law of the member of a co-operative society."

13. “In the result, I answer the substantial questions of law herein below :-

13

(a) Both the Courts below have committed an error of law in holding that the Defendant No.1 Tarabai became absolute owner of the suit plot by virtue of her valid nomination made by her husband Shivram under Section 30 of the Maharashtra Co-operative Societies Act, 1960 r/w Rule 25 of the Rules, to the exclusion of other heirs of the deceased; and

(b) Section 30 of the Maharashtra Co-operative Societies Act, 1960 does not provide for a special rule of succession altering the rule of succession laid down under the personal law.”

 

 


Attached File : 787972414 ramdas shivram sattur vs rameshchandra @ ramchandra.docx, 787972414 ramdas shivram sattur vs rameshchandra @ ramchandra.docx downloaded: 207 times

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