Supreme Court · 2004 INSC 271 · Decided 16 April 2004
Gayatri De v. Mousumi Co-Operative Housing Society LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 271 · [2004] SUPP. 1 S.C.R. 356
- Case number
- CIVIL APPEAL No. 3523/1998
- Decided
- 16 April 2004
- Bench
- S. RAJENDRA BABU, AR. LAKSHMANAN, G.P. MATHUR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226
Headnote
West Bengal Cooperative Societies Act, 1983 : Ss.80(J)(b) and (c) and 87(3)-Co-operative Housing Society-Death of a member-Transfer of interest of deceased member in absence of any nominee-Held, a plot of land, a house or an apartment in a multi-storied building shall constitute a heritable and partitioned or sub-divided-It is an obligation of the Society D to transfer the share or interest of deceased member within the stipulated period-While disposing of deceased member's share or interest, preferential claim always goes to his heirs and legal representatives in absence of any
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