Nomination in co-operative society shares binds the society, while inheritance disputes among heirs remain open separately.

A valid nomination under the West Bengal Co-operative Societies Act, 1983 requires the society to transfer a deceased member's share or interest to the nominee, and succession becomes relevant only where no valid nomination exists. The statutory scheme in Sections 79 and 80, read with Rules 127 and 128, makes the nominee's entitlement binding on the society, while leaving questions of title or inheritance among heirs open for separate determination. The nominee's marital status cannot defeat the statutory transfer where nomination is otherwise valid.

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Issues: Whether, on the death of a member of a co-operative society, a valid nomination under the governing statute and rules requires the society to transfer the member's share or interest to the nominee, and whether the nominee's marital status can defeat such transfer.

Analysis: Section 79 of the West Bengal Co-operative Societies Act, 1983, read with Section 80, provides that on the death of a member the share or interest is to be transferred to the person nominated in accordance with the rules, and only in the absence of a valid nominee does succession or inheritance become relevant. Rules 127 and 128 of the West Bengal Co-operative Societies Rules, 1987 reinforce this scheme by providing for nomination within the family and by making succession-certificate-based transfer applicable only where no valid nomination exists. The transfer under the Act operates against the society and binds it, but it does not finally determine title inter se the heirs or successors of the deceased member.

Conclusion: The nominee was entitled to have the society transfer the share or interest in her favour, and the society could not refuse the transfer on the ground that she was a married daughter. Any dispute regarding title or succession among the heirs was left open to be decided independently.

Ratio Decidendi: Where the statute governing a co-operative society provides for nomination and mandates transfer of a deceased member's share or interest to the nominee, the society must give effect to the nomination, while questions of inheritance or title between heirs remain outside that limited statutory inquiry.

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