Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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KKumarSharma (NA)     04 August 2022

Transfer of membership in coop housing society, delhi. owner as well as the nominee dies

Hi,

  1. Deceased owner of the membership in Coop Housing Society left unregistered/ non probated will in favor of Mr A. 
  2. Mr. B, basis undated fabricated membership form (no blood relation, minor), poses as nominee. 

The case is being fought between Legal Heirs of Mr A (now deceased) basis the will and LRs of alleged nominee Mr B ( now deceased) basis the membership form. The case keeps moving between lower and higher courts.
Jurisdiction: Delhi

Expert advice requested. 

Willing to do a paid engagement with experts.

Thanks.



Learning

 6 Replies

Shashi Dhara   04 August 2022

As it is in court the court has to decide it on merits ,try to speed the suit or to compromise if both parties are ready amicabally ,if not leave to court decision.

KKumarSharma (NA)     04 August 2022

Thanks.

May I check - As per Hindu Succession Act and other applicable acts; once the alleged nominee is dead, the preference is shifted to LRs of nominee or legal heirs as per the will?

Shashi Dhara   04 August 2022

If it is self acquired as per will ,if it is ancestral   children's consent is necessary .

KKumarSharma (NA)     04 August 2022

Self acquited by the deceased.

Dr J C Vashista (Advocate)     05 August 2022

Originally posted by : KKumarSharma

Hi,


Deceased owner of the membership in Coop Housing Society left unregistered/ non probated will in favor of Mr A. 
Mr. B, basis undated fabricated membership form (no blood relation, minor), poses as nominee. 


The case is being fought between Legal Heirs of Mr A (now deceased) basis the will and LRs of alleged nominee Mr B ( now deceased) basis the membership form. The case keeps moving between lower and higher courts.
Jurisdiction: Delhi

Expert advice requested. 

Willing to do a paid engagement with experts.

Thanks.

@ Mr. Sharma,

Will and membership in CHS are two different subjects, which have been mixed up in the facts posted by you. Be clear whether the issue pertains to will or membership.

Will can be registered and unregistered, in both cases it is valid and to be proved by its beneficiary after death of testator (executor or will).

Probation case of will can be instituted only and only after death of testator of will. 

If you feel, you may contact me at me at Chamber No 647, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi or my email majjagdish@yahoo.com

 

1 Like

KKumarSharma (NA)     05 August 2022

Thank you , have emailed you.

Regards,


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