In Brief
A cooperative housing society member nominated his daughter as the transferee of his flat membership under Section 79 of the West Bengal Cooperative Societies Act, 1983. After his death, his widow and son claimed the membership should devolve on them under succession law, arguing a married daughter was not "family." The High Court initially allowed the daughter's claim; a Division Bench then directed the society to record the interests of all heirs. The Supreme Court held that a valid nomination under Section 79 mandates the society to transfer membership to the nominee. Rule 127 includes married daughters in the definition of 'family.' The society's obligation to transfer to the nominee does not determine title or succession rights between the nominee and other heirs, which may be adjudicated separately.
The lawyer headnote and full judgment text are available to registered users.