Prodosh Kusum Basu (Advocate Lawyer) 16 August 2023
T. Kalaiselvan, Advocate (Advocate) 16 August 2023
Nominees cannot claim title or interest in the property of the deceased.
The nominees are just trustees to receive the property of the deceased owner and to distribute the same to the legal heirs of the deceased.
What is your problem, you may come out with details so that proper opinion can be rendered.
SRIPRAKASH BHATTACHARYA (RETIRED) 16 August 2023
As per WBCS Act 2006, WBCS Rules 2011 and law of the land the society is bound to transfer the flat to the nominee consequent upon the death of a member. Yes, the Nomination Paper has to be in order. The society including the law can't say NO this. However mere transferring the flat / land to the Nominee does not give him absolute power to use the flat. If there is no claimant to the property as per Hindu succession act, the Nominee becomes the absolute owner. The managing committee can't do Dadagiri. Unfortunately in the state of West Bengal, the cooperative department is DEAD and due to which corruption is soiraling at a faster speed. The cooperation Depth and managing committees of the cooperative housing societies are in hand in gloves.