Supreme Court judgement on Nominations / Nominees

SCC – Supreme Court Cases – Pg. No. 440, a Land Mark Judgement :Nominee of Deceased Member is absolutely entitled for the Ownership by transfer, Co-op. Soc can’t challenge the right of Nominee a settled Law of the land.

No legal heirship, Court order or Succession Certi. or Letter of reqd.

Pl. Circulate & take advantage, @ v v imp for all Society members and  office bearers



21 Comments on “Supreme Court judgement on Nominations / Nominees”

  1. Vijay Gangan says:

    please provide the judgement case number to download the entire judgement from the supreme court site

  2. Padmanabhan says:

    like to have the judgment case number to go through the entire judgement as this the same case i am facing as the society is not ready to transfer under the nomineee name and asking for legal heirs signature. and finally said they will not transfer even there is nominee. Highly thankfull if i get any guideness

  3. Ramesh. M. Shah says:

    Very thankful information

  4. Ramesh. M. Shah says:

    Please provide page no 440 for the reference

  5. vishal says:

    Kindly note that nominee does not become owner of the property , as other members of the family have right as per law of succession and inheritance. Although, interest gets transferred, but he still remains caretaker of the property only

    • Dharmesh Jain says:

      In case the flat in a society has been transferred to the nominee(son) after the mother’s death and the society has already transferred the flat in the name of the nominee (son). Will there be right of the
      1. Adopted daughter of the mother.
      2. Son’s of the nominee’s deceased brother who have been adopted by the nominee and have turned major at the time of the transfer of flat by the society.

      In the house purchased by the mother and which has now been transferred by the society to the nominee son.

  6. Feroz Abdurrahim Shaikh says:

    The landmark judgment of Hon’ble Supreme Court of India is: Indrani Wahi versus Registrar of Coop Societies & Ors. in Ciivil Appeal No. 4646 of 2006. Here’s the link to download it:

    Adv. Feroz Shaikh.

  7. Mohan S. says:

    Read the judgement right up to the end. It says that the coop. society must transfer the flat to the nominee daughter, but the question of succession is a matter to be decided according to the law by family members. So the daughter only gets to be a member of the society and may stay in the flat, but she cannot inherit it entirely because her surviving brother is also a legal heir.

  8. Darshan says:

    Thats very true for nomination process to be followed for transferring rights of scty as nominee and caretaker of the flat. But this nominee member does not have rights to sell th flat when legal heirs are present.
    The process is required for transferring rights from nominee member to legal heirs.

  9. Vanita says:

    Need to see order of Surili case

  10. RAJU HATKAR says:

    This judgement will avoid controversy between the nominee and legal heirs.Housing societies should immediately implement the judgement.

  11. Darshansinhjhala says:

    This judgement is only for following nomination process by societies, that societies need to follow, on the demise of original member.
    Further process of legal heirs does start to be followed bu nominees for securing the rights of legal heirs. Nominees does remain only caretaker and not any owner to exercise owners rights. Nominees cannot sell the flat or use rented money without permission of legal heirs. Nominees are answerable to legal heirs for maintaining accounts.
    If any dispute legal heirs can exercise rigts by approaching competent court dor succession and heirship documentation.

  12. vandana parakal says:

    Husband and wife worked equally hard to buy a flat.Husband buys the flat in his name with his money and makes his wife the nominee , unfortunately no will made but after his death it is very disheartening that the nominee wife is told by her own son that it is not only your house but I have equal right to it and tortures her to write the flat in his name which she refuses.She nominates her daughter who takes care of her. Is this a justice. wife cries everyday that she and her hudband spend years to make that house and also bring up children.but son torturing her making her live in a constricted way.

  13. N G Nileshwar says:

    There should be careful reading of this judgement. If you go the the last paras of this judgement, you will find that till such time the heirs do not claim the succession.
    It shall however, be open to the other members of the family (presently only the son of Biswa Ranjan Sengupta – Dhruba Jyoti Sengupta; we are informed that his mother – Parul Sengupta
    has died), to pursue his case of succession or inheritance, if he is so advised, in consonance with law.

    • N G Nileshwar says:

      What happens when the Nominee dies and no successor claims the property with proper documents such as a Succession Certificate? Could any one suggest a reply?

  14. PRNSWAMI says:

    the link is not opening.Pl suggest a alternate linknto download and print the judgement for office records.

  15. Dr PVRRao says:

    Earlier Supreme Court opined that nominee
    Is only a custodian and a sqatter and cannot
    Be construed as a absolute legal heir.

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