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 Admin.is reqd.
Pl. Circulate & take advantage, @ v v imp for all Society members and office bearers
Consumer Resources 
please provide the judgement case number to download the entire judgement from the supreme court site
Perfect judgment as nomination in cooperative society is on par with will and it is testamentary succession so no other heir has any right against nominee in case of cooperative societies.
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 Admin.is reqd
Pl mail me on my emailidpannkaj.gandhi@gmail.com
like wise supreme court judgement and oblige
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
Did you get any response on this query. Will be very helpful if you can share it
I applied to the society on the basis of the judgement. But the Managing Committee is no agreeing .Please advise.
Very thankful information
Please provide page no 440 for the reference
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
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.
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: http://supremecourtofindia.nic.in/FileServer/2016-04-19_1461073219.pdf
Adv. Feroz Shaikh.
Thank you for your link. I am facing the same problem. I have the xerox copy of my nomination dated 23.04.16 signed by my father and mother and two witnesses and the secretary of the soc. with the soc.’s stamp. The soc. is now asking me to get an affidavit for NOC from my brother and married sister. i went to the link but it says the page is not found. Kindly guide me to get the pdf file of the judgement.
Please do the same at your earliest convenience. i will be grateful to you.
Thanking you in anticipation.
Rajesh Joshi.
ASLMWK,
Sir, could you please assist, My father -in -law has passed away, December 18.
My wife is only Daughter, and we don’t want right to property.
Is an Affidavit suffix the transfer.
Please assisit
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.
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.
Need to see order of Surili case
It’s really good and helpful
This judgement will avoid controversy between the nominee and legal heirs.Housing societies should immediately implement the judgement.
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.
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.
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.
QUOTE
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.
UNQUOTE
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?
ANY REPLY TO THIS? 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?
In that case legal heirs of nominee may claim it.
the link http://supremecourtofindia.nic.in/FilrServer/2016-04-19_1461073219 is not opening.Pl suggest a alternate linknto download and print the judgement for office records.
Please click on the link given in the post – it is working
Earlier Supreme Court opined that nominee
Is only a custodian and a sqatter and cannot
Be construed as a absolute legal heir.
Send a communication through your advocate to society and CC to registrar of societies of your area, attaching all nomination documents viz nomination form indemnity bond etc.. Society will have to follow nomination process without any delay to add your name as nominee member of society. But for selling the flat ad nominee you will require noc from all legal heirs. Noy obtaining noc doesnt mean that your right as nominee doesnt fail. Get in touch with a proper advocate.
If the housing society doesn’t transfer rights to the valid nominee, can the society committee be sued under consumer s court for damages
Nominee is just a caretaker. He is not owner of the property. Supreme courts says this again and again.
Suprecourtofindia.in/FileServer 2016-04-19-1461073219 doesn’t open
From BR. Khedkar. Please alternative or load judgement
This information is MISLEADING and WRONG.
Will or Succession Certificate is NECESSARY.
Nomination is NOT ENOUGH.
The judgement (Para 20 Page 20) reads:
—————-
That, would have no relevance to the issue
of title between the inheritors or successors to the property of
the deceased. Insofar as the present controversy is concerned, we
therefore hereby direct `the Cooperative Society’ to transfer the
share or interest of the society in favour of the appellant –
Indrani Wahi. 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.
—————-
Please see these articles:
1. https://housing.com/news/important-ruling-property-rights-successors-versus-nominees/
and
2. http://www.lawyersclubindia.com/articles/Nomination-Wills-and-Succession-8922.asp
The judgement is only for transfer if there is valid nomination. It does not say that the nominee becomes the owner. Other legal heirs can get their share through succession / inheirtance. Do not mislead that nominee becomes beneficial owner. Order is that Registrar has no choice but to transfer the shares / flat in a CHS on the basis of valid nomination. Where is the question of ownership?
It is disinformation. Only society has been asked to transfer the flat if there is a valid nomination. Other legal heirs can get their share through court of law. Nominee is not absolute owner and he cannot deny shares of others. Read full judgement before giving half baked opinion.
The judgement is more useful in cases where the half backed legal knowledge results in society managing committee taking the role of judge and ask will and succession cert, and noc of inheritors of the deceased nominator.
the judgement fully read with all contex takes away right of co operative soc. admin to
go in the question of right of inheritance of the nominee. the legal responsibility of
soc. is fully served when the share and interest of the property under nomination is transferred to nominee.
in case where there are claimants to the property so transferred, the judgement clearly mentions they are free to establish the claim by the court order and when such order are filed with the soc. it has to act on it. but if there are no claims established , the nominee is not under any obligation to , further prove his/her right to the interest in the property like
getting succession cert. or will etc.
The judgement eases some pain of the nominee. BUT A VERY COMMON PERCEPTION
that a aged person in india has is that by filing nomination, his desire to bequeath a hsg. soc. premises to the nominee is very clear and smooth is unfortunately still not established.
in principal , this ambiguity does make the nomination a weak instrument of succession.
and does not answer the question why would any individual nominate any one unless he
desires to give the property to nominee KNOWING there are legal heirs who can always
claim their share of the estate.L?
To make things easier for the nominee a nominator should make a declaratory will
in which it should be confirmed that the nominee should enjoy the rights of ownership.
he/she can make it simple letter with two witnesses. and preferably, a nomination form acknowledged by soc and the original signed and witnessed copy of letter of confirmation
being kept at a place available to the nominee after his / her demise.