Supreme Court: A Father Can Now Nominate His Married Daughter To Own His Property

Wednesday, May 18 2016, 05:08:17

Komal Panwar

Blogger

Supreme Court: A Father Can Now Nominate His Married Daughter To Own His Property

JWB Post

April 21, 2016

Television series are always showing us how sons fight for parental property which leads to many dramas. But why do only sons deserve the right to inherit property?

The Supreme Court has just ruled that any man can legally nominate his married daughter to own his cooperative society flat after his death while depriving his own wife and son of it.

At the same time, the West Bengal Cooperative Societies Rules, 1987, guarantees that a cooperative society flat owner can nominate his house to anyone who belongs to his family.

Keeping this rule in mind, Biswa Ranjan Sengupta’s wife and son challenged the decision of the managing committee of Purbanchal Housing Estate, Kolkata, of transferring ownership of a flat to Indrani Wahi, Sengupta’s married daughter. Before passing away, Biswa had been living with his daughter after being ill-treated by his wife and son.

Justices JS Khehar and C Nagappan said: “There can be no doubt that where a member of a cooperative society nominates a person in consonance with provisions of the rules, on the death of such member, the cooperative society is mandated to transfer all the share or interest of such member in the name of the nominee. The rights of others on account of inheritance or succession is a subservient right. Only if a member had not exercised the right of nomination under Section 79 of the Act, then and then alone, the existing share or interest of the member would devolve by way of succession or inheritance.”

Indeed, a wonderful move by the Supreme Court.