Supreme Court judgement on transfer of flat to nominee
There is a lot of buzz regarding the above that is circulating in social media (Whatsapp, Facebook, etc.) recently that is reproduced herebelow:-
"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 certificate is required. Please circulate, important for society members and office bearers."
Please read the entire judgement carefully and don't get into wrong interpretation of the same. Page 20 of the judgement clearly says that; The Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee, in consonance with Sections 79 and 80 of the 1983 Act (read with Rules 127 and 128 of the 1987 Rules). That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.
It shall however, be open to the other members of the family, to pursue his case of succession or inheritance, in consonance with law.
This means that the society has to transfer the membership in the name of the nominee under relevant legal procedure. The other family members, if any, have full rights to pursue their case in courts as legal heirs of the deceased person. The nominee therefore only continues to be the trustee for the rightful owners till the time it is legally settled either by courts or among themselves. Reference: http://supremecourtofindia.nic.in/jonew/judis/43554.pdf