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Sunil   11 December 2023

Two witness for nomination of flat in coop housing society

Secretary of my housing society in Pune says that  two adult witnesses on flat nomination form cannot be husband and wife because they belong to same family. 

Is he right ? 

Thanks

Sunil Verma



Learning

 5 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     12 December 2023

No, it is incorrect.

Wife and husband are two different persons and they can be witness to a nomination, there is no legal infirmity..

Sunil   12 December 2023

Thank you sir for your prompt reply.

Real Soul.... (LEGAL)     12 December 2023

That is stupid ,,, witness can be anyone with sound mind be that husband -wife or  father -son 

Sanskriti Tiwari   12 December 2023

In the context of housing society nomination forms, it's crucial to understand the legal nuances. The nomination forms for housing societies are governed by the Maharashtra Cooperative Societies Act, 1960.

While the Act doesn't explicitly prohibit husband and wife as witnesses, certain societies might have their own bylaws or rules in place. However, the objection raised by the secretary of your housing society might not have a solid legal basis.

The Indian Evidence Act, 1872, doesn't disallow spouses from being witnesses for each other in general situations. Similarly, there isn't a specific prohibition in the Maharashtra Cooperative Societies Act barring spouses from being witnesses on nomination forms.

It might be helpful to refer to specific bylaws or rules of your housing society for clarity as individual societies can enforce their own rules within certain reasonable bounds. Therefore, it's advisable to explore the situation within the context of your society's regulations.

Sunil   13 December 2023

Thank you very much  for your efforts in answering so clearly.

Sunil Verma


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