Nomination in a cooperative society flat does not override succession rights; heirs' title remains open pending adjudication.

Nomination of a flat in a cooperative society does not create a new rule of succession or confer permanent ownership on the nominee. Section 30 of the Maharashtra Cooperative Societies Act, 1960 and Rule 25 of the Maharashtra Cooperative Societies Rules, 1961 operate only to identify the person with whom the society may deal after a member's death. The nominee holds the interest for that limited purpose until the heirs' rights are determined under succession law. Where title remains disputed and an alleged will is unprobated, interim protection of the property may be justified pending adjudication.

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Issues: Whether nomination of a society flat in favour of one heir confers ownership or excludes the rights of other heirs, and whether the suit property required interim protection pending adjudication of title.

Analysis: Section 30 of the Maharashtra Cooperative Societies Act, 1960 and Rule 25 of the Maharashtra Cooperative Societies Rules, 1961 were construed as provisions enabling the society to know with whom it should deal upon the death of a member. The nomination mechanism was held not to create a new rule of succession or any permanent interest in the nominee. The nominee, even after transfer in the society records, does not become owner to the exclusion of heirs entitled under succession law and holds the interest only for the limited purpose of dealing with the society until the legal rights of the heirs are determined. As title remained in dispute and the alleged will was not probated, the suit property required protection during the pendency of the suit.

Conclusion: Nomination did not confer exclusive ownership on the nominee, and the rights of other heirs were left open for decision in the suit. Interim protection of the flat and appointment of a Court Receiver with directions to invite bids for agency were warranted.

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