GAYATRI DE versus MOUSUMI CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.

GAYATRI DE versus MOUSUMI CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS.

The Supreme Court held that under the West Bengal Cooperative Societies Act, 1983, the interest of a deceased member in a flat allotted by the Society is heritable and transferable immovable property; in absence of a nominee, the Society is obligated to transfer the interest to legal heirs. The writ petition is maintainable as the Special Officer of the Society is a statutory functionary and the Society is under his control.

Parties
Appellant: Gayatri De; Respondent: Mousumi Co-operative Housing Society Ltd.; Respondent: Special Officer of Society (Mr. Arun Prakash Sarkar, Advocate); Respondent: Secretary, Mousumi Co-operative Housing Society Ltd.
Jurisdiction
India
Judgment Date
16 April 2004
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Division Bench of Calcutta High Court
Outcome
Appeal allowed
Legal Topics
Inheritance and Transferability of Membership Interest, Maintainability of Writ Petition, Heritable Property, Co Operative Societies Membership, Mandamus
Property Law Co Operative Societies Law Constitutional Law Inheritance and Transferability of Membership Interest Maintainability of Writ Petition Heritable Property Co Operative Societies Membership Mandamus

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Parties

Gayatri De

Appellant

Mousumi Co-operative Housing Society Ltd.

Respondent

Special Officer of Society (Mr. Arun Prakash Sarkar, Advocate)

Respondent

Secretary, Mousumi Co-operative Housing Society Ltd.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Division Bench of Calcutta High Court

Legal Issues

  1. 1 Is a flat allotted by a Co-operative Housing Society under West Bengal Cooperative Societies Act, 1983 heritable and transferable immovable property?
  2. 2 Who is entitled to succeed to the property of a deceased member in absence of a nominee?
  3. 3 Is a writ petition maintainable challenging actions of a Special Officer appointed by the High Court?

Ratio Decidendi

The Supreme Court held that under the West Bengal Cooperative Societies Act, 1983, the interest of a deceased member in a flat allotted by the Society is heritable and transferable immovable property; in absence of a nominee, the Society is obligated to transfer the interest to legal heirs. The writ petition is maintainable as the Special Officer of the Society is a statutory functionary and the Society is under his control.

Court Disposition

Appeal allowed

Orders

  • Mandamus issued directing respondents, particularly Secretary of the Society, to transfer the flat to the appellant and hand it over upon payment of the required amount.
  • No costs awarded.