Registration formalities of Nominations in housing society

vector-skyline-1By Accommodation Times News Services

The name and address of every person nominated for he purposes of sub-section (1) of section 30 and any revocation or variations of such nomination shall be entered in the register kept under rule 32.

Section 30 of the M.C.S. Act. – It is very clear on the plain reading of the section that the intention of the section is to provide for who has to deal with the society on the death of a member and not to create a new rule of succession. The purpose of the nomination is to make certain the person with whom the society has to deal and not to create interest in the nominee to the exclusion of those who in law will be entitled to the estate. The purpose is to avoid confusion in case there are disputes between the heirs and legal representation and to avoid uncertainties as to with whom the society should deal to get proper discharge. Though in law, the society has no power to determine as to who are the heirs or legal representatives, with a view to obviate the similar difficulty and confusion, the section confers on the society to determine who is the heir or legal representative of a deceased member’s provides to such heir or legal representative. Neverthless, the persons entitled to the estate of the deceased do not lose their right to the same.

Society has no power, except provisionally and for a limited purpose to determine the disputes about who is the heir, or legal representatives. It, therefore, follows that the provisions for transferring a share and interest to a nominees or to the heir or legal representative as will be decided by the society is only meant to provide for interregum between the death and the full administration of the estate and not for the purpose of conferring any permanent right of such person to a property forming part of the estate of the deceased. The idea of having this section is to provide into unnecessary litigation which may take place as a result of dispute between the heirs.

Even when a person is nomination or even when a person is recognised as an heirs or a legal representative of the deceased member, the rights of the persons who are entitled to the estate or the interest of the deceased member y virtue of law governing succession are not lost and the nominee or the heir or legal representative recognised by the society, as the case may be, holds the share and interest of the deceased for disposal of the same in accordance with law. It is only as between the society and the nominee or heir or legal representative that the relationship of the society and its members is created and this relationship continues and subsists only till the estate is administered either by the person entitled to administer the same or by the court or the rights of the heirs or persons entitled to the estate are decided in a court of law. Thereafter, the society will be bound to follow such decision. (Gopal Vishnu Ghatnekar Vs. Madhukar Vishnu Gatnekar, 1982 Mah. L.R. 122 (126, 127).

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