New Delhi: A person, nominated as successor of a property bought through a cooperative society, would not be entitled for its possession after death of its owner, as a court here has said that bequeathing would only be decided as per the succession law.

The court passed the order on the petition of a person, claiming that being a nominee of a property, she was its rightful owner and not the family members as per the Indian Succession Act.

"It can be safely be said that nominee of the deceased did not get any right, interest or title in the property and that right and interest in the property was to devolve in accordance with the general rule of succession," the court said.

The legal battle was related to a plot in south Delhi owned by Premanand Sharma which he acquired through Press Association Cooperative Housing Building Society Ltd in 1970. After Premanand's death, his mother became absolute owner and had executed a will in favour of Arun Sharma and others.

Sharma had approached the court after coming to know that some construction works were being put up on the plot by Meena Gupta and Shalini Devi Gupta, who claimed to have purchased the property from a woman who bought it from the nominee.

Earlier a lower court had held Sharma as a real owner, dismissing Guptas claim over the property, which was contested before court of Additional District Judge Narinder Kumar.

Referring the findings of the lower court, ADJ Kumar said that even if there was nomination in favour of a person, he could not be said to be absolute owner of the plot as a nominee is merely an agent.
Source : PTI