Case Note & Summary
The dispute pertains to a plot of land and flats in a cooperative housing society registered under the Bombay Co-operative Societies Act, 1925. The original member, Shri Anup Singh Grover, was allotted Plot No.119 and later constructed a first floor (Block 119A). He submitted nomination forms: the first two in favour of the second respondent (alleged wife), and the third in 1996 in favour of the petitioner (alleged adopted daughter). After his death in January 1997, disputes arose. The petitioner submitted documents to the society, including an affidavit dated 9 May 1997 admitting that the second respondent was the lawfully wedded wife and that the petitioner was not the adopted daughter or legal heir. She also executed a declaration-cum-deed of indemnity and an agreement to the same effect, agreeing that the second respondent was entitled to succeed. Based on these, the society transferred the membership to the second respondent. The petitioner later challenged this transfer, claiming she was the nominee and adopted daughter. The court held that the petitioner cannot approbate and reprobate; having voluntarily executed documents relinquishing her claim, she is estopped from challenging the transfer. The petition was dismissed with no order as to costs.
Headnote
A) Cooperative Societies - Nomination - Transfer of Membership - Bombay Co-operative Societies Act, 1925 - Sections 22, 24 - The petitioner claimed to be the adopted daughter and nominee of the deceased member, but had executed affidavits and agreements admitting the respondent as the lawful wedded wife and legal heir, and agreeing to transfer of membership in her favour. The court held that the petitioner cannot approbate and reprobate; having voluntarily relinquished her claim, she is estopped from challenging the transfer. (Paras 1-4) B) Estoppel - Conduct - Approbate and Reprobate - The petitioner's own documents, including an affidavit and agreement, clearly stated that she was not the adopted daughter or legal heir. The court held that she cannot be allowed to resile from those admissions and claim rights contrary to them. (Paras 2-4)
Issue of Consideration
Whether the petitioner is entitled to challenge the transfer of membership of a cooperative society in her favour after she voluntarily executed documents relinquishing her claim and admitting the respondent as the lawful heir.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Nomination under cooperative society
- Transfer of membership
- Estoppel by conduct
- Adoption
- Legal heirship
