Can nominee make nomination? My father had made nomination in favour of my mother in housing society in Mumbai in year 1962 and then my father died intestate in year 1990. Now after my mother passed away in 2014; we have come to know that my mother has made further nomination in 1992 in society records without telling us; in favour of two of my brothers. These two brothers are not allowing us into the house saying that our mother has given the flat to them and they are nominees. Please advise us what to do now
I C Naik
| Late father of (Died intestate in 1990) Venugopal had nominated his wife (Mother of Venugopal) to join the Society as members upon her death. Before her death in 2014 she had nominated Venugopal’s brothers who are occupants now presumably the Society admitted them to membership on the strength of nomination in their favour. Now his brothers claim that they have been gifted the flat by their mother. Their stand is wrong. Nomination permits nominee to become member of the Society and occupy the flat and discharge responsibility but it is subject to succession rights of any other persons to be confirmed by a court of law. |
Let us find answer to your question in my article on following URL
https://www.indiancooperative.com/from-states/daughter-can-be-nominee-understanding-sc-judgment/