Legal Question in Real Estate Law in India

Dear Sir,

I own a two-storeyed house built on 4 cottahs of land in a housing co-operative in Kolkata. I have two daughters. Recently I have come to know that married daughters cannot be nominated as per Co-operative rules. When I visited the Kolkata Deputy Registrar's office to seek their opinion, I was offered the rather facile solution of "selling off the house and dividing the money between my two daughters". I am aghast at the existence of such a grossly discriminating rule which expressly deprives married daughters of their ancestral property. I would like to know if there is any legal provision which would facilitate smooth transfer of my house to either of my daughters in the absence of my spouse and I.

Thanking you,

A.K.Basu


Asked on 12/21/09, 8:00 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Generally most of the laws, including Co-operative Societies Act enacted by State Govt provide for nomination and there can not be any descrimination about person who could be nominee. If West Bengal Law governing Co-operative Societies prohibits nomination in favour of married daughters, then same is unconstitutional.

Further, most of the Co-operative Laws provide for membership in the name of more then one person. You may consider additing your daughters co-members or joint members and upon your demise, shares and membership would be transmitted in the name of such co-member or joint member.

In addition, you may also consider making a registered Will by making clear bequest in favour of persons you wish to scceed to your estate, including the said house.

Read more
Answered on 12/21/09, 9:30 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in India