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TMI Blog2009 (5) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... s is to acquire land on lease for development from the slum wing of the Delhi Development Authority and construction of residential houses or flats for allotment to its members. The membership of the Petitioner-Society is restricted only to widows having an income which does not exceed ₹ 1,500/- per month from all sources. 3. The mother of Respondent No. 3, Smt. Ganesh Devi, was a widow who satisfied the eligibility requirements for membership as per the Bye-Laws of the Petitioner-Society. As such, she was made a member of the Petitioner-Society. However, before she could be allotted a flat, she passed away leaving her son (Respondent No. 3) as her nominee. 4. Respondent No. 3 sought to take over the membership rights of his dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ship of the Petitioner-Society was restricted to widows who have an income of less than ₹ 1,500/- per month from all sources. Respondent No. 3 is not a widow (being a male) and is also earning well over ₹ 1,500/- per month as a bank official. The purpose of setting up the Petitioner-Society was to assist indigent and homeless widows and Respondent No. 3 does not fall in this category by any stretch of imagination. On the other hand, the submission of learned counsel for Respondent No. 3 was that her client was entitled to step into the shoes of his deceased mother being her nominee, and he was merely seeking to enforce this entitlement that was available to him. 9. In our opinion, the dispute is really covered by the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concluded that after allotment is made, legal rights get vested in the member and the society cannot stop inheritance of those rights on the legal heirs of the deceased on the plea that such a person is not a member of the society. Of course, this decision would not be applicable to the first situation that we are concerned with but is being mentioned only to indicate the two distinct situations that can arise. 11. In view of the above, in our opinion Respondent No.3 could not succeed to the mere membership of his deceased mother, more particularly on the facts of this case because Respondent No.3 did not satisfy the eligibility conditions laid down in the Bye-Laws of the Petitioner-Society. We may note for the record that learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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