CO-OPERATIVE SOCIETY - NOMINATION - TRANSFER OF MEMBERSHIP AND FLAT - EFFECT - HINDU SUCCESSION ACT, 1956.

BABOO LALL JAIN, J.

( 1 ) THE plaintiff and the defendant are two sisters, Ram Kumar Changil, father of the parties, died intestate on 12th day of January, 1978. The two daughters, who are the plaintiff and the defendant in this suit are the only heiresses and/or legal representatives under the Hindu Succession Act, 1956. The suit as initially instituted was for partition of several other assets also and for claiming an equal half share in all the properties and assets left by the said deceased.

( 2 ) IT is not disputed that the plaintiff and the defendant were and are entitled to one equal half share each in the properties left by the said deceased excepting two items of property as mentioned hereunder. The parties are also agreeable that a decree be passed for partition of all such assets mentioned in the said Schedule `a' and B', save and except the said two items as mentioned hereunder :-1. Seven shares in Embassy Co-operative Housing Society Limited, 4, Shakespeare Sarani, Calcutta-700017. 2. All that the flat bearing No. 3 C on the 3rd floor of the building known as Embassy building at No. 4, Shakespeare Sarani, Calcutta-17, containing an area of 1250 sq. ft. and comprising two bed rooms with attached bath rooms, two store rooms, dining hall, verahdah and kitchen.

( 3 ) THE case of the plaintiff is that the said Ram Kumar Changil was a member of the Embassy Co-operative Housing Society Limited and had purchased/ acquired the flat bearing No. 3 C on the 3rd floor of the said premises No. 4, Shakespeare Sarani Calcutta, upon payment of full consideration for the same. The plaintiff further states that since before the death of the mother of the plaintiff and defendant, Smt. Shanti Debi Changil, in 1972, the defendant had been residing at the said flat at No. 4, Shakespeare Sarani and has continued to do so. According to the plaintiff, after the death of Ram Kumar Changil, the defendant assumed exclusive occupation and enjoyment the said flat at No. 4, Shakespeare Sarani, Calcutta. Despite requests by the plaintiff, the defendant refused to permit the plaintiff to occupy and enjoy any portion of the said flat.

( 4 ) THE further case of the plaintiff is that the plaintiff came to know on enquiry that the defendant has even got her name mutated in the records of the said Embassy Co-operative Housing Society, in respect of the said flat, at Embassy building, purportedly, as the nominee of the above named Ramkumar Changil. According to the plaintiff such nomination does not constitute a valid disposition of the said flat in favour of the defendant and the parties as legal heirs are equally entitled to the said flat. According to the plaintiff under the Bye-laws of the said Society a member is entitled to make a nomination in favour of an person to whom or to whose credit his share or interest in the society would on his decease, be paid or transferred by the society but the said provision only authorises and empowers the' society to transfer the share of the deceased member to the nominee but does not and cannot have the effect of altering the succession to the property left by the deceased including the right title and interest of the society in the Co-operative Society and/or the said flat. Since the parties, inspite of requests by the plaintiff, could not come to an amicable settlement in respect of the said flat and/or the shares in the said co-operative, the dispute still subsists and the relief is claimed in respect thereof in the instant suit.

( 5 ) THE case of the defendant in the written statement is that the father of the parties became a member of the Embassy Co-operative Housing Society Limited (hereinafter referred to as `the said Society' ). The said Society was the sponsor of the multi-storied building known as Embassy and the father became a member thereof for the purpose of acquiring a flat in the said building subject to the terms and conditions set out in they Byelaws of the, said Society. According to th

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