TaxTMI 
TaxTMI 
2012 (4) TMI 849
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....on 21 October 1974, the Plaintiff was allotted Tenement No. 11 in Building No. 1 at D.N. Nagar, Andheri by MHADA. The Plaintiff had paid entire consideration of Rs.24,300/to MHADA. The Plaintiff has produced her Bank statement showing the payments made. The Plaintiff got married on 10 March 1980 and shifted to her matrimonial home. It is the case of the Plaintiff that parents of the Plaintiff and Defendant No. 1 were staying along with the Plaintiff. Parents of the Plaintiff continued to stay in the said tenement No. 11 when the Plaintiff has shifted to matrimonial home. It is the case of the Plaintiff that all throughout the Plaintiff paid the maintenance to the Society. It is the case of the Plaintiff that ultimately MHADA transferred the entire property in favour of the Society by executing a Deed of Conveyance. Even in the Conveyance Deed, the name of the Plaintiff was shown as the original tenant in respect of Tenement No. 11. The Plaintiff states that on the suggestion made to the Plaintiff that the membership of Defendant No. 2 Society be transferred in the name of the mother of the Plaintiff during the period when the Plaintiff had shifted to her matrimonial home, the Plain....
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....e nomination form dated 27 April 2003, whereby Defendant No. 1 alone was nominated in respect of the Society which was approved in the meeting of the Managing Committee held on 19 October 2003. 5. On 7 August 2005, Annual General Meeting of the Society was held. The text of the resolution of the AGM held on 7 August 2005 is thus: At the end of the meeting, topic regarding transfer came up again for discussion. It was pointed out that Mrs. Hira Agrawal had submitted to the society the nomination in favour of Mr. Rajesh Agrawal, more than a year before her death. Further, Mr. Rajesh Agrawal has submitted a valid Indemnity Bond on requisite stamp paper as required for transfer of flat in the name of nominee, indemnifying the society in case of any claim arising in future and hence society may very well approve the transfer in the name of Mr. Rajesh Agrawal as per Byelaws. Hence, the members present finally approved the transfer. 6. It appears that on the basis of the nomination form filed by the deceased mother, Defendant No. 2 Society has transferred the suit flat in favour of Defendant No. 1. Vide agreement dated 13 May 2009 between Defendant No. 1 on the one hand, an....
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.... (4) All transfers and payments duly made by a society in accordance with the provisions of this section, shall be valid and effectual against any demand made upon the society by any other person. Rule 25 of the Maharashtra Cooperative Societies Rules, 1961 reads as follows : 25. Nomination of persons.( 1) For the purpose of transfer of his share or interest under Sub Section (1) of Section 30, a member of a society may, by a document signed by him or by making a statement in any book kept for the purpose by the society nominate any person or persons. Where the nomination is made by a document, such document shall be deposited with the society during the member's life time and where the nomination is made by a statement, such statement shall be signed by the member and attested by one witness. (2) The nomination made under Subrule (1) may be revoked or varied by any other nomination made in accordance with that Subrule. (3)(i) Where a member of a society has not made any nomination, the society shall on the member's death, by a public notice exhibited at the office of the society, invite claims or objections for the proposed transfer of ....
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....isionally and for a limited purpose to determine the disputes about who is the heir or legal representative. It, therefore, follows that the provision for transferring a share and interest to a nominee or to the heir or legal representative as will be decided by the society is only meant to provide for interregnum between the death and the full administration of the estate and not for the purpose of cantering any permanent right on such a person to a property forming part of the purpose of conferring any permanent right on such a person to a property forming part of the estate of the deceased. The idea of having this section is to provide for a proper discharge to the society without involving the society into unnecessary litigation which may take place as a result of dispute between the heirs or uncertainly as to who are the legal heirs or representatives. This being the position, the contention of Mr. Naik cannot be accepted. Even when a person is nominated or even when a person is recognised as an heir or a legal representative of the persons who are entitled to the estate of the interest of the deceased member by virtue of law governing succession are not lost and the nominee o....
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....ons nominated in accordance with the rules and if no person has been nominated, to such person as may appear to the committee to be the legal heir or legal representative of the deceased member. Such relation of the society and its member continues to subsist only till the rights of the heirs or persons entitled to the estate are decided by the appropriate court. No rights are thus created in favour of the nominees on transfer of the interest of the deceased member. I am unable to accept the submission made by Shri Shaikh, the Learned Counsel appearing for Defendant No. 1 that Defendant No. 1 has become owner by virtue of the membership and the shares having been transferred in his favour upon the death of the deceased mother. I am also unable to accept arguments of the Learned Counsel Shri Shaikh that his client have been in possession of the suit flat and agreement has been entered into between him and the developers and therefore he is entitled to occupy the newly constructed flat by Defendant Nos. 3 and 4 unconditionally. In my opinion whether the Plaintiff has exclusive right in respect of the suit flat or has 50% right, she being one of the heirs of the deceased mother, or ha....