The absence of a deed of conveyance does not necessarily negate a member's interest in a plot of land allotted by a co-operative society.

JUDGMENT :

1. This First Miscellaneous Appeal is directed against the judgment and order dated 8th August, 2013 passed by the learned Additional District Judge, 5th Fast Track Court, Alipore in Act XXXIX Case No.118 of 2012.

2. For the purpose of deciding the questions of law involved in the instant appeal, salient facts are stated below:-

3. One Ahin Kumar Sinha was a member of Ayakar Griha Nirman Samabaya Samity Limited, a society, registered under the West Bengal Co-operative Society's Act. Being a member of the said society Ahin Kumar Sinha was allotted one share of the society and a plot of land being plot No.X-20 measuring approximately three cottahs of land within Mouza Chakgaria. After allotment of such land, the said Ahin Kumar Sinha made full payment of Rs.4880/- towards consideration price of the said land. However, no deed of conveyance was executed by and between the Co-operative Society and Ahin Kumar Sinha. Said Ahin Kumar Sinha appointed her aunt Bibhabati Sinha as the nominee in accordance with the provision of Section 76 of the West Bengal Co-operative Society's Act, 2006 (hereafter described as the said Act). Bibhabati Sinha, however, predeceased Ahin Kumar Sinha and subsequently no nomination was made in respect of his estate or interest of the said society by Ahin Kumar Sinha.

4. The said Ahin Kumar Sinha was a bachelor. He was governed by the Dayabhaga School of Hindu Law. Ahin Kumar Sinha had an elder brother who predeceased him leaving behind his son Aloke Kumar Sinha. At the time of death of Ahin Kumar Sinha, Aloke Kumar Sinha, the appellant herein was the only legal heir of said Ahin Kumar Sinha.

5. Aloke Kumar Sinha filed Act XXXIX Case No.118 of 2012 for grant of Letter of Administration in his favour in respect of the share and interest of the said Ahin Kumar Sinha, since deceased.

6. The aforesaid case came up for hearing before the learned Additional District Judge, 5th Fast Track Court, Alipore on 8th August, 2013 when he dismissed the application for Letters of Administration ex parte without cost.

7. The said order dated 8th August, 2013 is impugned in the instant appeal.

8. Mr. Amitava Mukherjee, learned advocate for the appellant at the outset draws my attention to the impugned judgment dated 8th August, 2013. It is ascertained from the said judgment that the learned Judge dismissed the application under Section 278 of Indian Succession Act on the ground that land in question which was allotted to the said Ahin Kumar Sinha by the Co-operative Society was not transferred by a registered deed of conveyance in accordance with Section 54 of the Transfer of Property Act and, therefore, the said Ahin Kumar Sinha had no estate for Letter of Administration could be granted.

9. Mr. Amitava Mukherjee, learned advocate for the appellant draws my attention to Section 92 of the said Act which deals with the rights of the members of a co-operative society.

10. Section 92 of the said Act reads such:-

"92. Rights of members.-

(1) Any allotment (including re-allotment) of a plot of land or a house or apartment in a building made by a Co-operative housing society to its member in accordance with its by-laws shall entitle such member to hold such plot of land, house or apartment, as the case may be, with such title or interest as may be granted under the prescribed conditions, and, subject to the provisions of sub-section (1) of section 61 an instrument of transfer in accordance with the provisions of Transfer of Property Act, 1882 (4 of 1882) and the Registration Act, 1908 (16 of 1908), shall be the conclusive evidence of such title or interest in favour of such member.

(2) A member of a Co-operative housing society shall not be entitled to any title or interest in any plot of land or house or apartment in a building until he has made such payment as may be prescribed towards the cost of such plot or land or construction of such house or apartment or both, as the case may be, to the Co-operative housing society.

(3) A plot