LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prodosh Kusum Basu (Advocate Lawyer)     16 August 2023

Housing Cooperative erstwhile dead members property sold to other buyer not given to nominees

What defences are available when Housing Cooperative's erstwhile dead members' property sold to others & not given to nominees under West Bengal Cooperative Societies Act, 2006 and it's previous Acts?


 4 Replies

Real Soul.... (LEGAL)     16 August 2023

You can chellenge the transfer of property 

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.


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.

1 Like

Prodosh Kusum Basu (Advocate Lawyer)     17 August 2023

Death of the member was in 1990.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register